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Secured Transactions Keyed to Lopucki
In re Commercial Money Center, Inc.
Citation:
350 B.R. 465 (9th Cir. B.A.P. 2006)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:
In 1999 and 2000 NetBank transferred over $47 million to debtor in transactions, involving 17 pools of leases. Commercial Money Center, Inc. (debtor) leased equipment to lessees with sub-prime credit. It packaged groups of leases together and assigned its contractual rights to future lease payments to entities such as NetBank, Inc. As security for NetBank’s receipt of the lease payments and any surety bond payments, debtor granted NetBank a security interest in the underlying leases and other property. A typical lease involved 62 payments of which two had been paid at the inception, leaving 60 payments assigned by debtor to NetBank. Debtor paid surety a premium equal to approximately two percent of the total of all payments due under each lease. A sample indemnity agreement between debtor and surety obligates debtor and its principals to indemnify surety and hold it harmless against all demands, claims. loss, costs, expenses, and any liability sustained or incurred by the surety.
- 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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