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Secured Transactions Keyed to Lopucki
In re Eschenbach
Citation:267 B.R. 921 (Bankr. N.D. Tex. 2001)
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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.
- 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 September 22, 1997, while the debtors lived in Florida, the IRS filed a notice of federal tax lien. The notice of lien covers federal income taxes for 1994 and 1995 and applies to real and personal property. Thereafter, the debtors moved to Texas and on October 2, 2000, filed Chapter 13 petition. Debtors owned personal property on October 2, 2000, valued at greater than $5,906.12. Accordingly, the IRS asserts that it has a fully secured claim. On May 31, 2001, the debtors filed an objection to the IRS’ proof of secured claim. The debtors stipulated that the lien covered all personal property that they owned in Florida and that the lien followed that property when they moved to Texas.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- 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.