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Secured Transactions Keyed to Lopucki
In re Duckworth
Citation:776 F.3d 453 (7th Cir. 2014)
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- 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.
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- 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 December 15, 2008, David L. Duckworth borrowed $1,100,000 from the State Bank of Toulon. The transaction was executed through a promissory note that was dated and signed on December 15 and and an Agricultural Security Agreement dated December 13, 2008. The security agreement said that Duckworth granted the State Bank of Toulon a security interest in crops and farm equipment. The security agreement identified the debt to be secured, but the identification had a critical mistake. The security agreement said that it secured a note “in the principal amount of $____ dated December 13, 2008.” But there was no promissory note dated December 13. Both the December 15 promissory note and the security agreement were prepared by the bank’s loan officer. In 2010, Duckworth filed Chapter 7 petition.
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- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
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