Debtor Redemption
This page includes a writing template for analyzing this topic and usage notes to guide its application. In general, the template is designed to serve as a starting point for your analysis. It should be adapted to fit the specific facts of your case and your professor’s preferences.
On this page:
Writing Template
Issue
I: The issue is whether the debtor redeemed the default.
Analysis
R: Upon default, the debtor retains the right to redeem the collateral by paying the full amount of the secured obligation. This includes (1) the total outstanding debt balance, (2) accrued interest on the debt, and (3) any reasonable expenses and attorney’s fees incurred by the secured party in repossessing, holding, preparing for disposition, or arranging the sale of the collateral.
A: Here, [apply rule to facts].
C: Therefore, the debtor to [paid/did not pay] the full amount of the secured obligation.
Expiration
R: The debtor’s right to redeem expires when (1) the collateral has been sold or otherwise disposed of, (2) a binding contract for the collateral’s disposition has been executed, or (3) the secured party has retained the collateral in full satisfaction of the debt, effectively discharging the debtor’s obligation.
A: Here, [apply rule to facts].
C: Therefore, the right to redeem [expired/did not expire].
Waiver
R: The right to redeem may be waived only through an authenticated agreement executed after default. In consumer transactions, however, the waiver of redemption rights is strictly prohibited to prevent undue loss of the debtor’s rights and interests. (This restriction protects debtors from relinquishing rights to the collateral in situations where undue influence may occur.)
A: Here, [apply rule to facts].
C: Therefore, the right to redeem [was/was not] waived.
Conclusion
C: Therefore, the debtor [redeemed/did not redeemed] the default.
Usage Notes
JurisJotter templates synthesize legal principles into a practical format that supports the development of well-structured, point-rich analyses in a timed exam.
The template features (1) headers identifying the overall issue, analysis, and conclusion. If the analysis begins with an umbrella rule that identifies elements, factors, or steps of the analysis, it will be followed by subheaders that signpost the analysis of each component.
The template also features (2) IRAC labels at the beginning of each paragraph. These headers and labels are included for educational purposes, offering guidance on structuring your analysis. Your usage of the headers is optional but can be helpful to readers. We advise against including the IRAC labels in submitted work.
The templates serve as a general guide for writing and should be adapted to align with (1) your specific factual circumstances and (2) your professor’s preferences, particularly if your professor provides explicit formulations of rules or analyses. For example, you may add or subtract an element or modify its language. Regardless of whether your professor provides explicit formulations, (3) this template will assist you in crafting point-rich analyses.
Please note that these templates are writing aids and not finished products. They are efficiently designed for exam essays to demonstrate conceptual understanding; thus, they are not comprehensive outlines with historical context or dicta.
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