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Secured Transactions Keyed to Lopucki
In re Reckart Equipment Co., Inc.
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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:
Citizens filed a UCC-1 financing statement in 1974 which perfected its interest in certain collateral of the debtor at that time. That financing statement perfected Citizen’s security interest in all new Franklin Skidders, Taylor Skidders, and fork lifts, as well as other equipment. Second, the principals of the debtor, the Reckarts, filed a UCC-1 financing statement in 2007 pertaining to the debtor’s furniture, fixtures, inventory, vehicles or other personal property and accounts receivable. On March, 2011, the Reckarts assigned their interest in that financing statement to Citizens. Thus, on May, 2012, when the debtor filed its Chapter 11 petition, the competing financing statements existed.
- 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.
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- Policy: Identifies the Policy if any that has been established by the case.
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