Logourl black
From our private database of 14,100+ case briefs...

In re Warne

United States Bankruptcy Court for the District of Kansas
2011 WL 1303425 (2011)


Facts

The debtor (defendant) entered into an agreement with Dakota Financial, L.L.C. (Dakota) (plaintiff) in August 2008 to lease a semi-tractor truck owned by Dakota. The agreement stated that the parties intended the agreement to be construed as a lease, rather than a secured purchase. The debtor was required to pay a security deposit of $31,100 and periodic rental payments for a period of five years. The lease was not subject to termination, and the debtor bore the risk of loss of the truck. The debtor was not required to renew the lease at the end of the term. The security deposit would be used to pay for any damages or excessive wear to the truck, with the balance refunded to the debtor. The debtor had the option of purchasing the truck at the end of the lease for $31,100. The fair market value of the truck at the end of the lease would be between $20,000 and $40,000. The debtor filed for bankruptcy approximately one year into the lease. Dakota filed a motion in the bankruptcy court, seeking to compel the bankruptcy trustee to assume or reject the lease.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Nugent, J.)

The holding and reasoning section includes:

  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

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 221,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,100 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.