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Secured Transactions Keyed to Lopucki
In re Thompson
Citation:2018 WL 2717044 (Bankr. W.D. Va. 2018)
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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:
Thompson filed a voluntary chapter 13 petition on January 8, 2018. Not long after he filed his schedules on January 29, 2018, OneMain filed proof of claim number 1-1. The proof of claim asserts that the claim is secured by a lien on a 2008 Nissan Altima. In support of the basis for perfection, OneMain attached two items to the proof of claim – disclosure statement, note and security agreement signed by Thompson and one page summary entitled “Lien and Title Information” from a company called DealerTrack Collateral Management Services. Thompson objected to OneMain’s claim, arguing that he should be treated as an unsecured claim.
- 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.