Leg & Soc Final Flashcards
Intentional Tort
-Fergusen vs Missouri
Tort (3 subcategories)
-monetary, physical, psychological injury
Intent
present when one intends the consequences of their actions to come about–cover eyes and shoot?
–new and wanted action to come about or should have known consequences of actions would come about
Intentional interference with the person
-assault
Self Defense
defending yourself from harm
Reasonable force
that force and no more the reasonable person in like circumstances would judge to be necessary and can include deadly force if it is reasonable to believe it is necessary to save your life;; bat to head reasonable to kill them
Visa property
dog–can’t kill because person has dog
2nd type of intentional inference with person
False arrest or imprisonment
shop keeper privalage
False arrest or imprisonment
your gaurrentee against being wrongfully detained
Shop Keeper privalage
(exception)
- -a store employee can detain and search people who appear to be stealing
- don’t want you detaining because of what happened at old target–guy stealing batteries—run after guy-manager shot
3rd Intentionally infliction of mental destress
Elements
1-outrageous conduct by defendant
2-intent to cause or wreckless disregard of the probability of causing severe emotional harm
3-actual severe emotional harm
Intentional interference with property
trespass
Trespass
when one intentionally enters the land of another or causes a thing or 3rd person to do so;; ex. dog on property
Neglegence
4 elements -duty breach of duty causation damages
Duty
if superior skill or knowledge held to that knowledge;; heart surgeon compared to other heart surgeons;; excuse if faced with sudden emergency;; average reasonable person– ex. Kid compared to their own age
Sudden Emergency Doctrine
case supreme court–four lane road crossed by 2 lane;; corvet guy vs. Motor cycle man
Corvert guy
he stops;; sudden emergency
Motor Cycle Guy
No helmet, lands on other side of car;; ear falls off;; sued corevet guy for negligence;; said duty to gun it out;; 90mph
“Like a bullet shot from a gun” what he said about how fast he was going
Corvet Guy vs. Motor Cycle guy verdict
Motor Cycle Guy lost
Different Duties you owe
owe to trespasser on your property–low not to intentionally harm them
Attractive Nusance
ex. trampoline– appeals to kid and they are going to want to go jump on the trampoline Ex. Train derailed case
Train Derailed
piece of train wreckage;; said would prosecute kids for trespassing–ex. of attractive nussance
Case 15 years ago
UNI student went to meeting in Strayer-wood theater through the back door;; door closes fast–dark turn around to open door and fell down pit;; breaks arm and leg sits for 45 minutes until someone comes
is the uncovered pit reasonable hazardous condition–college paid for it
Barb v. Hartland Inn
52 year old women, works as general manager of Perkins in Albert Lee, MN $30,000/yr
-not currently married–no children;; 2 snozure dogs
-likes to do all of work for dogs;; hnest person, genuine
-In FEB barb called to regional meeting of Perkins Managers 1hr and 45 min Tuesday 10:00 Ice storm starts–meeting moved to different day checks in at Hartland Inn;;700 AM weather says hwy are clear and ice stopped at 2AM;; start car and check out sidewalk is dry
–breaks 2 verdibrays could not be fixed at time and 2 compression fractures
–2 witnesses have to tiptoe over to her so they don’t fall
2 surgons $80,000 don’t work;; fractures can’t sit for longer than 20 minutes $182000 future lost earnings;;;
Damages (Barb v. Heartland Inn)
compensatory (give you back what you lost) less of earnings (182000) Medical Bills (80,000) Pain and suffering Loss of enjoyment of life
Modified comparitive fault
your damages reduced by amount you are found liable for your own injuries;; by % of fault jury finds you have for own injuries
if 50% or more—> get nothing in Iowa
Found 45% liable
in Black hawk County where no one had won slip and fall case
won 197000 but with 45% liable it was 108035
settled for 100,000
Modified comparitive fault
your damages reduced by amount you are found liable for your own injuries;; by % of fault jury finds you have for own injuries
if 50% or more—> get nothing in Iowa
Found 45% liable
in Black hawk County where no one had won slip and fall case
won 197000 but with 45% liable it was 108035
settled for 100,000
Punitive damages
meant to punish defendant confined to corporations ..ex Kurrig Coffee maker that explodes
Consanquinity
normally have to prove that you cased damages
2 Kinds of causation
actual & proximate
Actual causation
also called cause in fact to determine if cause in fact use test called buttfor test
but for actions of defendant, plaintiffs harm would not have occured ..ex. hit with car
Proximate cause
A to B relationship;; hit with car–> break legs
Temporal relationship
related in time both required actual and proximate usually there
Res ipsa loquitur
goes to causation;; reverses burden of proof–under anesthesia;; go in for surgery wake up with broken legs;; things speak for itself;; have t prove you didn’t
Consenquinity
duty to people standing by (bystandards)
Bystander Liability if husband hit on sidewalk
have to be spouses;; person related to you within second degree of consanquinity (by blood)
Second Degree
mom, dad, son, daughter, brother, sister, grandpa, grandma–not best friend, fiance, cousins
Imputed neglegence
ex. friend takes your car and kills someone– you and him are liable and parents if on insurance ;; if takes car without permission but gave permission before– may be liable
Owe Damages to–> loss of consortium
spouse; child, or parent that you damage differently –> only if spouse is alive
Jeff now a Jackass–hurt her;; ex. use to be strictly sexual; stallion;; also includes- loss of society of a kind–> kids can too can’t do stuff with Dan;; Kids can weather kid or parent dead
3 of Tort: Strict Liability
applies when doing something so dangerous don’t care about how careful you are. If someone hurt your liable.
1 example of Strict Liability
Ex. Keeping wild or dangerous animals–bear, puma, wolf ex. UNI professor with wolf
2 example of Strict Liability
dog–> liable for any damages to person or property
2 example of Strict Liability
dog–> liable for any damages to person or property
Dog Case
fluffy poodle walking on sidewalk;; snarly Rottweiler on chain– grabs poodle and shakes it and stitches
snarly said will pay half had to pay all
Example 3 of Strict Liability
animals @ large–cows, chickens, llamas
-have to keep animals contained;; liable for damages
Ultra Hazardous activities (under strict liability)
something so dangerous;; burning field;; just liable. I anyone injured
ex. Charles City Fire Works
Products Liability
contains strict liability as one cause of action
- -a manufacturer of any product can’t sell a product in an unreasonably dangerous condition which includes foreseeable misuse of product
ex. cut wire on lawn mower
ex. guy buys glider
ex. cut metal
ex. push lawn mower
Case Products liability
boys above ground pool
DO NOT DIVE on concrete drive way jumps off roof of house and dived in and snapped nick not warning him big enough
he lost
Bic Case (lighters)
warning sticker says don’t allow children
metal band made to make it harder to light
mother with 3 year old ad 18 year old mid 1980’s
1/2 of lighters with safety and 1/2 without
-bought without child safety–leaves lighter on coffee table 30 seconds… 3 year old lit 18 mo old on fire;; sued bic child safety cost 1 and 1/2 cents per unit… Bic lost
Bic Case (lighters)
warning sticker says don’t allow children
metal band made to make it harder to light
mother with 3 year old ad 18 year old mid 1980’s
1/2 of lighters with safety and 1/2 without
-bought without child safety–leaves lighter on coffee table 30 seconds… 3 year old lit 18 mo old on fire;; sued bic child safety cost 1 and 1/2 cents per unit… Bic lost
Neglegence (products liability)
manufacture of product has a duty to you of reasonable safety
warning lables
duty to warn you of harm –John Deere
Crash worthiness
car you are driving should be able to with stand a reasonable crash
Case Dodge Grand Caravan
mom & dad just married blended family–grandma and grandpa drive kids back to CF GPA driving 4 children in back not buckled;; T intersection– women RAV 4 toyota blew stop sign-hit minivan both vehicles rolled both drivers died;; gpa’s back broke and right leg shoved in body;; 4 kids ejected none died;; front end of minivan gone–Rav 4–twisted heap of metal
Case 2 Ford
Ford Arrow Star hwy 20 @ 55 mph someone parked semi wrong way and taking tractor off 2 lane; women in minivan and hit top of trailer rolled top of minivan and decapitated husband and sun
–unforseeable
Warrenty
does not arise under tort arises under contract
Tort
2 years to bring statue of limitations claim
contract
6 years to statue of limitations under contract law
some warranties can be disclaimed if they are
explicit warrienties
2 warranties can’t disclaim of implied warrenties
warranty of merchantability
warranty of fitness for a particular purpose
Warranty of merchantability
a product should have at least be of ordinary quality once sold by merchant or dealer
ex. Dan–> great Aunt $3
- -paddle ball hits once and breaks
Warranty of Fitness for a particular puprose
you should be able to use the thing for the reason you bought it (should be able to drive car)
ex. Tony’s Frozen pizza–nontraditional student sat down to eat pizza bit into something hard—rat tooth
unreasonable
Conclusion of Tort
Brass Guy Case
-27 years old–married–3 kids under 6 years;; worked in Mill Factory in middle of no where IA;; Job to run machine crucible–> operates at high temp and melts scrap pieces of brass–115 degrees;;
been working for 18 mo;; if wears all of it break every 20 minutes because of heat exhaustion–won’t by suit;; wearing t-shirt; jeans; gloves; and boots
Brass guy was required to wear under OSHA
- fireproof canvas pants
- fireproof canvas coat
- canvas fireproof hood
- leather and canvas gloves (long) gontlet style
- Hightop work boots
Guy 1)
bring in scrap brass outside–look inside and see problematic metals out
Guy 2)
then goes through dryer
guy 3)
then to brass guy and dumps into crucible
THE DAY (CRUCIBLE CASE)
dryer guy missed piece–twisted one;; doesn’t get dried out.. Explodes–out top and cracked front of crucible;; sprayed him with brass
walked to supervisors office;; takes 45 minutes for the ambulance;; lived halfway back to hospital alive for 1hr and 15 minutes;; made $30,000/yr;; 4 total unaffected areas on body
Plaintiff of brass guy case
family/Guy
company–employer; supervisor;
Crucible
Damages
- -loss of consortium (1yr, 3yr, 6yr)
- -medical bills
- -loss of future earnings (1.1 million)
- -pain and suffering (50 million)
Can’t sue employer normally–
won’t let sue them if result of ordinary negligence–> woops, just a guy made a mistake
Crucible
strict liability–unreasonable dangerous
didn’t test with water
w/in life– 2 year lifespan –1 year
installed properly
Brass Guy vertict
settled for 1 million with Crucible
Monopoly
1 firm control of more than 50% of market
Bill Gates
more money than 47 countries;; Janet Reno thought he was monopolist;; 95% of market in ‘97
bundled product with hardware
5 steps of Monopoly analysis Gov’t can sue for
1) identify product market
2) identify geographic market
3) market share
4) intent
5) any defenses available to Bill
Identify product market
what is good or service?
–internet browser, web browser tied to operating system
Identify Geographic market
where is it available?
Market share
1 firm control of more than 50% of market
Intent
have to be monopolist
Brian and Chris–software–bill sell software to him he will get you out of business
competition– intent? yes
Mergers (3 kinds)
horizontal
vertical
conglomerant
Horizontal merger
2 or more competitors in the same product market combine (ex. John Deere buying CAT)
Vertical merger
2 different layers of manufacturing chain combine
ex. John Deere–> part supplier
Conglomerant merger
2 companies have nothing to do with each other combine
ex. Kraft and Tabacco or century golf clubs and kitchen cabinents
Pepsi wanted to buy quaker (Gatorade)
horizontal --all-sports drink--carbonated 2% of market Gatorade 95% of market after Pepsi bought price went up 20% Coke powerade --3% Janet Reno--object 2% buying 95%
steps in analyzing horizontal
1) define market for merger
2) determine market contraction
3) court will analyze anticompetitive effects
define market for merger
-smallest product and geographic market in which a monopolist could raise prices a small but significant amount –> 5%
determine market concentration
determined by –> her findahl- Hirschman Index (HHI)
looking for #’s Federal gov’t is interest in
(mrk share)^2 + (mrk share)^2=1500+ Federal Gov’t objective
goal: gov’t protection of consumer
4 elements if you are going to be liable for me
1) Employee was subject to the employer’s supervision
2) The employee was motivated at least in part by a desire to serve the employer’s interest
3) The problem arose substantially within work hours in a work location
4) The act in question was of the general type, the employee was hired to perform
Case #1 Sand man v. Hagan
Shovel guy–> digging a trench to put pip in
a superior (not his) tells the guy he’s not doing it right;; verbal argument occurs, supervisor kicks dirt back in;; employee hits supervisor on head with shovel–causes damage
1) yes–> subject to supervisor
2)yes–> motivated
3)yes–> was within hours and location
4)wasn’t hired to hit people on the head; therefore, employee not liable
Horizontal Monopoly Analysis or Merger
1) Define the market
2) Determine market contraction
3) analyze anti-competitive effects
4) Ease of entry into a proposed firm
5) Defenses
Horizontal Monopoly Analysis or Merger (Define Market)
-smallest product and geographic market in which a monopolist could raise prices a small, but significant amount (defined as 5%); price increase 20% after Pepsi bought Gatorade
HMAM (Determine market concentration)
her findahl-Hirschman Index–> each proposed individuals market share 2 then both added result. 1500 of higher federal gov’t will object
HMAM (Analyze anti-competitive effects)
If we let merger happen will it be difficult to prevent a cartel
HMAM (defenses)
anything that indicates its necessary –failing defense
Ingram v. Barnes & Noble
Vertical Case
Ingram wanted to merge with Barnes and Noble –will get shipment before University book and supply; therefore, Barnes and Noble will get more of the sales
UPS
driver in truck in uniform and on route in UPS truck;; road rage thing;; pull up to stoplight and UPS driver gets out of truck and goes to the window; the other guy rolls down the window and UPS guy stabs guy n chest
1) employee subject to employers supervision–yes
2) yes
3) work hours–yes
4) hired to stab–no
Younger vs Honeywell
Neglegent hiring and retention
hired 77-79; 84-88
prison between for strangulation death of Nancy Miller;; who was a co-employee
hired back to be custodian
workplace confrontation twice transferred for threatening people
Katelyn assigned to his crew;; He expressed romantic interest–she stopped hanging with him
death threats her and kept harassing her
Landon Killer her in her driveway
took leave of absence to go to prion
are they afraid of what union would do if he wan’t hired back. Not negligence hiring case
Neglegant Retention
when should we get rid of him
keep you when I should let you go
Fair Labor Standards Act
Federal Act deals with 4 work areas
4 work areas under FLSA
minimum wage
overtime
child labor protections
equal pay for equal work regardless of gender
child labor protections
under US law not legal to accept employment until 14 years old;; can’t accept hazardous employment until 18 years old
Detroit Police Department
equal pay for equal work regardless of gender
hiring patrol officers
–drug test and on women’s ran pregnancy screening without permission;; illegal to run pregnancy screening on people
Legal Drug Testing
preemployment screening can randomly test you at any time
OSHA
occupational safety and Health Act–regulated by Occupational safety and Health administration
–passes standards (rules) goal is to try and keep workers as safe as possible
How is OSHA regulated
- random unannounced inspection
- schedule routine visit
OSHA’s weapons
can FINE you if not following rules
- -if someone dies- fine a lot of money
ex. Hyvee $300,000
Workers compensation
NO FAULT insurance plan for employees and employers;; if employee injured on job certain things have to happen
no fault–
even if employee is screwing around it is compensable;; every single part of body
2 things will happily pay for
- medical bills
- reasonable healing period benefit
Exception to paying for workers comp
going and coming rule
Going and coming rule
not workers compensation if coming or going to work
Perminate or partial injury
probably will be alright; can get amount of value of “finger” or thing lost
Quaker Oats v. Ciha
on call mechanic on Memorial Day on motorcycle–drives through town on way there ;; fixes machine calls wife and says coming home
gets in accident because quadriplegic
–sues Quaker Oats
either his fault or single vehicle accident
Quaker no going and coming
special errand rule
Special errand rule
if at work will you go over to “staples” and get more paper;; workers comp if injured
being on call–special errand in this case
workers comp if on drugs?
NO
Family Medical Leave Act
great in theory bad in act;; allows employees (50 yrs +) up to 12 weeks of unpaid leave
ex. wife cancer–> in addition to vacation & sick leave
UNI & Deere–can donate vacation days
allows employees to come back to job in same position or equivalent position
Wrongful discharge
fired for bogus reasons
ex. Case Wagenseller v. Scottsdale Mem. Hospital
Wagenseller v. Scottsdale Mem. Hospital
Wagenseller–> good nurse 10 yr outstanding patient reviews
–new nursing supervisor;; team bonding (camping retreat in desert) –all women brings into small groups to perform skits
–moon river–Wagenseller’s group–> suppose to sing and at chorus– moon people
Wagenseller- not my thing and leaves– always getting written up then got fired–> not being team player
failure to moon;; court wrongful discharge– bad public policy
Tatoo’s & Piercing
case by case basis
Discrimination
comes from civil rights act of 1964;; Title VII
Title VII
deals with employment and advancements;; can’t refuse to hire you or promote you based on race, color, sex, religion, national origin
Race & Color two different kinds
- Disperate Treatment: intentional
- Disperate Impact: intent or not
Tattoo’s & Piercing
case by case basis
Race & Color two different kinds
- Disperate Treatment: intentional
- Disperate Impact: intent or not
EEOC–Equal Employment Opportunity Comission
if strong case “I don’t hire Asian people” may prosecute it with you;; 85% cases they ship out
will give your letter to EEOC;; right to sue letter then go to lawyer 45 days to get on file
Disperate treatment
requires intent-“I don’t hire Asians”
case:: left message on voicemail “I was suppose to hire black women”
requires prima facie case
Prima Facie case
“on the face of it”
What you have to prove under prima facie case
1) belong to protected class
2) applied for job for which defendant was seeking applicants
3) qualified for job
4) denied job
5) job has to remain open and have to keep seeking other applicants
once prima established up to defendant to articulate a legitimate non discriminatory reason
ex. show up drunk; owl wings on face
Disperate Impact
have facially neutral practice but has effect of discriminating
ex. test; job requirments
Case under disperate impact
Griggs v. Duke Power 1970
Griggs v. Duke Power 1970
layers of employees to move up in higher pay had to show either HS diploma or standardized IQ test and get above certain score
bottom 3 levels –> manual labor
to move up had to meet 1 of 2 requirements
black workers stayed in lower levels
said wasn’t nexus
Nexus
connection between the job and the requirement
Firefighters
physical test–put on all stuff and use fire hose
test is sufficiently job related fine that it discriminates
2002 Boston Firefighters
took test (written) to get promoted to lieutenant–> big raise
materials for everyone to study
Guy was dyslexic had all training manuals audio ($2000)
Did great on test top 2
City looked at scores and said heavily favored Caucasians and threw out test
Supreme court said written is fine but have skills test too when hiring
Defenses to racial discrimination
1) seniority–> beech in place okay
2) collective bargaining–> sacred (last 40 people are Asian layoff okay if union contract)
3) job testing–> if sufficiently job related
Sex discrimination
-disperate treatment & impact
Disperate impact (sexual discrimination)
test in place that favors one side
Exception of disperate impact (sexual discrimination)
bonified occupation qualification (BFOQ)
ex. Hooters
Hoots mid 1980’s
founded as national franchise;; on 60 minutes– girls were in uniforms & explained 2 choices of sizes (xs, s)
how restaurant set up
national organization of women– vacation of women
Hooters– family restaurant about owls
10 yrs later–> group of 7 college males saw ad saying hiring waiting staff;; hooters had to say entertainment for men; bonified
settled for 3 million to college males
had to hire more men
Victoria secret
help wanted
bonified –possibly
-were sued–agreed to have more men to stock
BFOQ
only works with gender
Gratz v Bollinger 2004
Grutter v. Bollinger
Bollinger (admissions directer at Michigan)
-Gratz– U of Michigan points based university Admissions (150 pts possible in quadrant system)
–points for being a particular race; being into art
Gratz under grad applies and sues said if I was African, would be in and that’s not in her control
Those African, Native American, Hispanic –low % of society
Grutter–applying to law school;; start with qualified pool of applicants; if African, Native American, or Hispanic got a + by their name;; Sandra Day O’Connor was swing vote–1st No–too mechanical; doesn’t take any skills can’t use the system
-2nd Grutter everyone is qualified was okay for a little bit but hoped in 25 years wouldn’t have to deal with it
Affirmative action
where Grutter and Gratz cases came from;; theoretical goal:: want to make whatever entity look like society;; may have to give more weight to under represented minorities
contain any traditionally minority ex. disabled, hispanics
Relgion
any major world religion and anyone who has a sincere and meaningful belief occupying in the life of its possessor a place parallel to that filled by god is protected
TWA (Trans-world Airlines)
fully qualified pilot applies;; when new–> fly shifts no one wants to do;; 7th day Adventous worship on Saturday;; well can’t have job–> sued discrimination of religion
–seniority system no job because he can’t fly
TWA won;;
Add on’s
Age Discrimination
Disability Discrimination
Age Discrimination
does not protect young; protects 40+ brought by flight attendants;; all american flight attendants fired on 40th birthday;; won–> can’t fire you at age 40;; can still do the job even though not “hot”
Disability Discrimination
brought by senator Tom Harkin ;; passed in 1990
can’t discriminate in employment if they have disability that can use reasonable accomodations
Disability
physical or mental impairment that substantially limits q or more major life activities
either have impairment, history of it, or everyone thinks
Not disabled–intentionally written out
1) kleptomania (steal things)
2) pyromania (fire)
3) exposition (expose)
4) gambling
Morbid obesity
could die;; biggest loser competitors
Reasonable accomodation
ramp in front door of new building in NY no elevator?--NO -close access for parking -computer screen (sight) -extra test time
Sexual Harassment 2 kinds
- Quid Pro Quo
- Hostile work environment
Quid Pro Quo
“this for that”
Want promotion have to trade me for that
Hostile work environment
- work is made unbearable by sexual comment, innuendo, suggestion
- -has to be unwanted
Dentist & dental Hygienist case
– sued dentist for wrongful discharge
-she would go into work with tshirt too small and refused to wear the lab coat
-she was married said she doesn’t have sex that often;; sexting back and forth;; not wanted?– both were doing it
wife upset: says have to fire her;; she went to tosh.0
Case Female Factory worker
1989–could be sexually harassed by person of same sex
Roxanne Connley–sexual harassment attorney ;; women heard might be getting fired so quit
said telling dirty jokes to her; comments about anatomy
wind up in bed together some day
cry self to sleep; counseling guys–> said did it but she started it
saved ornaments she bought;;
Therefore; wanted–> Hostile Work Environment
Subject to harassment
before–tell them to stop
supervisor–bring everyone together
24 year old lawyer case
associate; new; 0 power; get clients no one wants; had hours
everyday Jr partner shuts door and tells dirty jokes asks her for oral sex– makes other general sex comments;; he would take gave and put in between legs
–tells to stop doesn’t
should go to supervisor
Supervisor should when dealing with harassment
- gauge comfort level of employee that reported it
- physically separate them
- if doesn’t solve then fireable
Sexual Orientation
not currently federally protected class;; currently changing;; decided state by state
Unconscionability
when a contract is so unfair or one sided that shocks conscious of the public and court will probably not uphold it
American Pay Day Loans (unconscionability)
734% interest;; depending on day–bring in personal check for $135 agree to hold check until payday
Title Loan
agree to give $ back;; and sign title over to them;; if don’t pay–sell their car 400%
–Branstad said too high
Jones V. Star Credit 1969
Rent to own –star credit
bad credit–feels needs freezer but can’t get it
sears 18%–if bought freezer @ sears $150
MSRP @ top value was $300
buys freezer signs contract to pay $300 for $150 freezer
$5 every 2 weeks will have paid $1200
Mrs. Jones–> pays up to $600 and then stops paying under law can repossess peacefully
–star credit came to Jones and shew as not home
knocked door in and took it
sued Mrs. Jones for other $600
1) court said 600 is enough and give freezer back
2) no more $
3) pay for door and don’t let happen again
Fraud
intentionally mislead you–> can happen by silence;; material misstatement of fact or silence regarding silence of misstatement of fact
Arthur Marie Dance Studio
Gladis–75 years old woman living alone
phone rang from Arthur Marie for dance studio–doesn’t want to go; however, they called again free trial lesson–picked her up
young men dancing with her;; complementing her and saying join–> life time membership
signed for $37000 for lifetime membership;; stop calling and picker her up
intentional misrepresentation–Fraud
had to return money
Consumer Product Safety Commission
federal agency has power to recall products or force recall;; ex Keurig
CPSC require
- replace product
- money back
- kit to fix problem
Truth in Lending Act
70’s;; requires lenders to fully disclose terms of loans, total amount paid at end of the loan
Fair Debt Collection Practices Act
-prohibits abusive behavior by debt collection agency
-threaten with physical harm
addition
-can’t call 3rd party and tell them whats going on
-can’t call in inconvenient hours before 8AM and after 9PM
Bankruptcy law (4 chapters)7
2005 changed Ch 7 personal liquidation Ch 11 Corporate recognition Ch 12 Farmers/ Fisherman Ch 13 Personal reorganization
Ch 7 personal liquidation
- -court discharges all of debts so you get fresh start
- come in with all creditors listed
- put on form if don’t list them ow for that debt
- all assets
- all income from any source
- entire cash flow info
- —-1st taxes withheld from paycheck
- —expenses expected to see
- –expenditures unexpected –ex entertainment*$100 or less left and get Ch 7
- -only voluntary
Ch 13 Personal reorganisation
keep debts and creditors;; restructure how paying ..ex drop interest rate;; forgiving part of loan
New restrictions under Reform Act
-if file now must undergo credit counciling
Ch 11 Corporate Recognition
$ higher than 13–keep business running while in bankruptcy
Ch 12
try to preserve family farms and fisherman;; hybrid between 7 and 13 some discharged some reorganized ;; keep a lot more stuff
Automatic Stay
personal contact cut off; calls have to stop;; all of assets transferred to trustee
trustee
decide what to do with stuff
Fedar Guidelines of expempt property
17000 in jewlery
State Guidelines (Iowa)
- rifle
- shot gun or musket
- 1/2 acre or less keep house if lived there for 40 months (500,000-600,000)
- less than 40 months $125,000 keep
- engagement or wedding right if given on or before wedding day
- up to $2000 of clothes and or trucks to keep in
- replacement value
- up to $5000 of car and or musical instrument
- up to acre of bearreal plot
- professionally prescribed medical aids (wheel chair, bed)
- up to $2500 household goods
- $100 wild card
