Logourl black
From our private database of 14,200+ case briefs...

In re Burrier

United States Bankruptcy Court for the District of Colorado
399 B.R. 258 (2008)


Facts

Brandon and Denon Burrier (plaintiffs) executed a deed of trust and note with NBank, N.A. (NBank) and received a loan in return. NBank then transferred the deed of trust and note to Wells Fargo Bank, N.A. (Wells Fargo). Thereafter, the Burriers filed for bankruptcy under Chapter 13 of the United States Bankruptcy Code. In bankruptcy court, the Burriers filed a repayment plan to make regular payments to Wells Fargo. Wells Fargo moved for relief from automatic stay, alleging that the Burriers had failed to make the agreed-upon payments. The Burriers denied Wells Fargo’s assertion. The parties then entered into a stipulation agreement, which provided that Wells Fargo would credit the Burriers’ account if they could produce cancelled checks indicating that they had made the payments in question. However, the Burriers were unable to obtain the cancelled checks. Pursuant to the Check Clearing for the 21st Century Act (Act), Wells Fargo processed customer checks via check truncation. As a result, the Burriers’ checks would have been converted into an electronic image upon being processed, and the cancelled checks would not have been returned to them. At an evidentiary hearing on Wells Fargo’s motion, the Burriers submitted their bank statements, which reflected that payments had been made to Wells Fargo. The Burriers also produced carbon copies of checks made out to Wells Fargo as evidence that they had made the payments in question.

Rule of Law

Issue

Holding and Reasoning (Brooks, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 250,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.