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Secured Transactions Keyed to Lopucki
In re Cliff’s Ridge Skiing Corp.
Citation:
123 B.R. 753 (Bankr. W.D. Mich. 1991)Only StudyBuddy Pro offers the complete Case Brief Anatomy*
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*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
On July 24, 1980, FOA loaned Cliff’s Ridge Dev. the sum of $300,000 pursuant to a note. Repayment of this indebtedness was secured by Cliff’s Ridge Rev. executing a mortgage and a security agreement. The mortgage was properly perfected by recordation with the Marquette County Register of Deeds on August 1, 1980. The mortgage language granted FOA an interest in certain real property owned by Cliff’s Ridge Dev. together with all improvements created on or attached to the property. The debtor contracted to purchase all of Cliff’s Ridge Dev.’s assets and began operating the ski area with the cooperation of Cliff’s Ridge Dev. The debtor purchased the chairlift and installed it in the ski area. On December 1982, the debtor and First National executed a loan agreement, which provides that First National will loan $175,000 to the debtor to be used to purchase the chairlift, First National will receive a perfected security interest in the chairlift. The agreement also includes a representation that the debtor has marketable title to the chairlift.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.
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