SmartBrief
Confirm favorite deletion?
Bankruptcy Keyed to Levitan, 3rd Ed.
Matter of Tolona Pizza Products Corp.
Citation:
3 F.3d 1029 (1993)Facts
Tolona Pizza Products Corporation, a pizza manufacturer, issued eight checks to Rose Packing Company, its sausage supplier, within 90 days before being forced into bankruptcy by its creditors. The checks totaled approximately $46,000 and resulted in Rose being paid in full, while Tolona’s other major trade creditors would receive only 13 cents on the dollar under the approved bankruptcy plan. Rose’s invoices stated “net 7 days,” but for years Tolona rarely paid within that timeframe, nor did Rose’s other customers. Most customers paid within 21 days, with Rose typically withholding future shipments if payment was later than 28-30 days. However, as a valued long-term customer, Tolona was permitted to make payments beyond these timeframes. The eight payments at issue were made between 12 and 32 days after invoicing, averaging 22 days, which was actually faster than Tolona’s pre-preference period average of 26 days.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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.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.