SmartBrief
Confirm favorite deletion?
Commercial Law Keyed to Zierdt, 1st Ed.
Wawel Saving Bank v. Jersey Tractor Trailer Training, Inc. (In re Jersey Tractor Trailer, Inc.)
Citation:
580 F.3d 147 (2009)Facts
Jersey Tractor Trailer Training, Inc. (JTTT) obtained a $315,000 loan from Wawel Savings Bank in March 2002, secured by all of JTTT’s assets including accounts receivable. Wawel perfected its security interest by filing UCC-1 financing statements. The security agreement prohibited JTTT from settling any account for less than full value without Wawel’s written permission. In March 2003, without Wawel’s knowledge, JTTT entered into a factoring agreement with Yale Factors whereby JTTT sold its accounts receivable to Yale for 61.5% of their face value. Yale conducted lien searches using “Jersey Tractor Trailer Training” (omitting “Inc.”) which failed to reveal Wawel’s lien. Yale filed its own UCC-1 statement after entering the factoring agreement. JTTT’s owner, William Oliver, deliberately concealed the factoring arrangement from Wawel until December 2005, when JTTT’s financial troubles became apparent. After learning of Wawel’s prior security interest in March 2006, Yale claimed priority to the accounts receivable.
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.