Consumer Law

, by Miller, Frederick H.; Harrell, Alvin C.; Morgan, Daniel J.

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ISBN: 9780890898697 | 0890898693
Cover: Hardcover
Copyright: 10/2/1998

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Supplemental Materials

Table of Cases

(8)

Preface

xxiii

INTRODUCTION

(8)

What is Consumer Law?

(1)

The Nature of Consumer Law

(1)

The Principal Consumer Laws

(2)

The Plan of this Book

(4)

PART 1. PRE-TRANSACTION PROTECTIONS

(310)

CHAPTER 1. MISREPRESENTATION

(78)

Clark v. Olson

(3)

Smith v. Stanley

(2)

QUESTION 1 (Caveat Emptor)

(1)

QUESTION 2 (Fact/Opinion Dichotomy)

(1)

Sewak v. Lockhart

(6)

QUESTION 1 (Fraudulent Concealment)

(1)

QUESTION 2 (UDAP Damages)

(2)

Ward Development Co., Inc. v. Ingrao

(5)

QUESTION 1 (Negligent Misrepresentation)

(1)

QUESTION 2 (Liability for Opinions)

(1)

QUESTION 3 (Materiality)

(1)

QUESTION 4 (Intent)

(1)

Gross v. Johnson & Johnson-Merek Consumer Pharmaceuticals Co.

(9)

QUESTION 1 (Justifiable Reliance)

(1)

QUESTION 2 (Fact/Opinion in Advertising Context)

(1)

QUESTION 3 (Class Actions)

(1)

QUESTION 4 (Public/Private Consumer Remedies)

(1)

QUESTION 5 (Deceptive Advertising)

(1)

QUESTION 6 (Printers Ink Statute)

(1)

State v. American TV & Appliance

(9)

NOTE State UDAP Statutes

(1)

QUESTION 1 (Bait and Switch)

(1)

Haskell v. Time Inc. Publishers Clearing House, Readers Digest American Family Publishers, et al.

(18)

QUESTION 1 (Reasonable Consumer Standard)

(1)

QUESTION 2 (Reasonable Consumer Standard)

(1)

NOTE Scope of FTC Regulation of Advertising

(1)

NOTE Overview of XXX 5 of FTC Act

(1)

NOTE Nature of FTC Orders

(3)

NOTE FTC Trade Regulation Rules

(1)

NOTE The "Old" and "New" FTC XXX 5 Standards of Unfairness and Deception

(2)

Legal Standard for Deception

(4)

Kraft, Inc. v. Federal Trade Commission

(16)

QUESTION 1 (FTC Proof of Deception)

(1)

QUESTION 2 (Scope of FTC Remedy)

(1)

QUESTION 3 (Television Deception)

(1)

QUESTION 4 (Deception in Financing Advertising)

(1)

QUESTION 5 (APR Computation Comparisons)

(1)

QUESTION 6 (Interest Rate Advertising)

(1)

QUESTION 7 (TIL, U3C Regulation of Credit Term Advertising)

(1)

QUESTION 8 (TIL, U3C Regulation of Credit Term Advertising)

(1)

QUESTION 9 (TIL, U3C Regulation of Credit Term Advertising)

(1)

QUESTION 10 (Regulation Q)

(1)

QUESTION 11 (Unfairness under FTC XXX 5)

(1)

NOTE Obligations Created by Advertising

(1)

Note on Commercial Speech

(3)

Florida Bar v. Went For It

(9)

QUESTION 1 (Commercial Speech Identification)

(1)

QUESTION 2 (Central Hudson Test)

(1)

QUESTION 3 (Information Picketing)

(1)

CHAPTER 2. PYRAMID SALES, REFERRALS, AND DOOR TO DOOR SALES

(18)

Brown v. Hambric

(7)

QUESTION 1. (Unconscionability; Unfairness)

(1)

QUESTION 2. (Pyramid Schemes)

(1)

QUESTION 3. (Referral Schemes)

(1)

QUESTION 4. (Parol Evidence and Waiver of Defenses)

(1)

QUESTION 5. (Statutory Regulation and Remedies)

(1)

QUESTION 6. (Lottery)

(1)

QUESTION 7. (What is a Referral?)

(1)

Cole v. Lovett

(11)

QUESTION 1. (Home Solicitation Sales)

105

(1)

QUESTION 2. (Scope of Home Solicitation Rules)

105

(1)

QUESTION 3. (Overlap with Right of Rescission)

105

(1)

QUESTION 4. (Plain English)

105

(2)

CHAPTER 3. PAYMENT DEVICES

107

(42)

Introductory Note

107

(3)

Hanna v. First National Bank of Rochester

110

(11)

Centre-point Merchant Bank Limited v. American Express Bank Limited

121

(8)

Donald T. Vaughn v. United States National Bank of Oregon

129

(3)

In RE Beacon Oil Company

132

(4)

QUESTION 1. (Credit Cards)

133

(1)

QUESTION 2. (Credit Cards

134

(1)

QUESTION 3. (Debit Cards)

135

(1)

QUESTION 4. (Checks)

135

(1)

QUESTION 5. (Unauthorized Use)

135

(1)

QUESTION 6. (Fraud Protection Plans)

135

(1)

QUESTION 7. (Identification Cards)

135

(1)

QUESTION 8. (Lost or Stolen Checks)

135

(1)

QUESTION 9. (Joint Account Liability)

136

(1)

NOTE Unauthorized Payment

136

(1)

Parr v. Security National Bank

136

(3)

QUESTION 1. (Stop Payment Orders)

139

(1)

Walker Bank & Trust Company v. Jones

139

(10)

QUESTION 1. (Unauthorized Alternatives)

146

(1)

QUESTION 2. (Privacy)

147

(1)

QUESTION 3. (Payment Alternatives)

147

(1)

QUESTION 4. (Funds Availability)

147

(2)

CHAPTER 4. BALLOON PAYMENTS AND OTHER DECEPTIVE INDUCEMENTS

149

(32)

Ruona v. Freeway Dodge, Inc.

149

(7)

QUESTION 1 (Balloon Payment)

154

(1)

QUESTION 2 (TIL Disclosure of Balloon Payment)

154

(1)

QUESTION 3 (Irregular Payment Schedules)

154

(1)

QUESTION 4 (Balloon Payment as Improper Inducement)

154

(1)

NOTE

155

(1)

Gillman Imports of San Antonio, Inc. D/B/A Castillo

156

(10)

QUESTION 1 (U3C Balloon Payment Consideration)

163

(1)

QUESTION 2 (Renegotiable Rate Mortgages)

163

(1)

NOTE Other Specific Improper Inducements

164

(2)

NOTE on Deception on the Internet

166

(1)

People v. Lipitz

166

(9)

QUESTION 1 (Internet Fraud)

174

(1)

NOTE Protection Against Deceptive Practices In General

175

(1)

Vokes v. Arthur Murray, Inc.

175

(6)

QUESTION 1 (Improper Inducements)

178

(1)

QUESTION 2 (UCSPA and FTC Regulation of Improper Inducements

178

(1)

QUESTION 3 (Consumer Fraud Remedies under UCC and Common Law Fraud)

179

(1)

QUESTION 4 (Retail Installment Contract Legislation)

179

(1)

QUESTION 5 (Contract Negotiations in Second Language)

180

(1)

CHAPTER 5. DISCLOSURE

181

(98)

Introductory Note

181

(1)

Part A. Transactions Subject to Disclosure

182

(4)

NOTE Interstate Land Sales Full Disclosure Act

182

(2)

NOTE The Truth in Lending Act and the Consumer Leasing Act

184

(1)

NOTE Comparison with Uniform Consumer Credit Code

184

(2)

Adema v. Great Northern Development Co.

186

(4)

NOTE Close connection

188

(1)

QUESTION 1. (Disclosure Policy and Rescission Under ILSFDA

188

(1)

QUESTION 2. (Disclosure Policy Under TIL)

188

(1)

QUESTION 3. (What is a Consumer Purpose)

189

(1)

QUESTION 4. (What is a Consumer Purpose)

189

(1)

QUESTION 5. (Commercial Loans Secured by Homes)

189

(1)

QUESTION 6. (Must the Transaction Be Initially Covered)

189

(1)

QUESTION 7. (Sale and Lease Back as a Mortgate)

189

(1)

QUESTION 8. (Sales Disguised as Leases)

189

(1)

QUESTION 9. (Rent to Own Leases)

190

(1)

QUESTION 10. (Consumer Leases)

190

(1)

QUESTION 11. (Balloon Payments in Leases)

190

(1)

Gerlach v. Allstate Insurance Company

190

(16)

QUESTION 1. (Sales of Insurance)

193

(1)

NOTE Insurance Premium Financing

194

(1)

QUESTION 2. (Insurance Loan)

195

(1)

QUESTION 3. (Disclosure Absent Credit Transaction)

195

(1)

NOTE Consumer Credit and Property Insurance

195

(7)

QUESTION 4. (Keeping the Cost of Consumer Credit Insurance Out of the Finance Charge)

202

(1)

QUESTION 5. (Consumer Credit Insurance Abuses)

203

(1)

QUESTION 6. ("Convenience" Insurance)

203

(1)

QUESTION 7. (Property Insurance)

203

(1)

NOTE Forced Place Insurance

203

(2)

QUESTION 8. (Forced Place Insurance)

205

(1)

QUESTION 9. (Duplicate Insurance)

205

(1)

QUESTION 10. (Contract to Obtain Insurance)

206

(1)

Mourning v. Family Publications Service, Inc.

206

(12)

QUESTION 1. (No Finance Charge Sales)

213

(1)

QUESTION 2. (Is There a Real Problem)

213

(1)

QUESTION 3. (Does the Problem Extend Beyond Disclosure)

213

(1)

QUESTION 4. (What is the Scope of the Payable in Installments Rule)

213

(1)

QUESTION 5. (Buried Finance Charges)

213

(1)

QUESTION 6. (Travel and Entertainment Card Coverage)

213

(1)

QUESTION 7. (Late Charges as Finance Charges)

213

(1)

QUESTION 8. (What Does "Delinquent" Mean)

214

(1)

QUESTION 9. (Discount for Early Payment)

214

(1)

QUESTION 10. (Merchant and Other Discounts, Surcharges)

214

(1)

QUESTION 11. (The "Casual" Creditor Exception)

214

(1)

QUESTION 12. (Non-Credit From a Dealer)

215

(1)

QUESTION 13. (Arrangers)

215

(1)

QUESTION 14. (Assignees)

215

(1)

NOTE The Real Estate Settlement Procedures Act

215

(3)

Postow v. Oriental Building Association

218

(4)

QUESTION 1. (Statute of Limitations; Early Disclosure)

221

(1)

QUESTION 2. (Voluntary-Early Disclosure)

221

(1)

QUESTION 3. (Real Estate Costs and Finance Charges)

221

(1)

QUESTION 4. (Escrows)

222

(1)

QUESTION 5. (Kickbacks)

222

(1)

NOTE Retail Electronic Fund Transfers

222

(1)

Spain v. Union Trust

222

(8)

QUESTION 1. (Coverage of the Law)

225

(1)

QUESTION 2. (Transactions Covered)

225

(1)

QUESTION 3. (Transactions Covered)

225

(1)

NOTE Disclosure on Deposit Accounts

226

(4)

Part B. Manner of and Information for Disclosure

230

(1)

Allen v. Beneficial Finance Company of Gary, Inc.

230

(17)

QUESTION 1. (Manner of TIL Disclosure)

236

(1)

QUESTION 2. (Refinancing TIL Disclosure)

236

(1)

QUESTION 3. (Who is Entitled to TIL Disclosure)

236

(1)

QUESTION 4. (Additional Information)

236

(1)

QUESTION 5. (Relation to State Law)

236

(2)

QUESTION 6. (Integrated Disclosures)

238

(1)

QUESTION 7. (Specific Terminology)

238

(1)

QUESTION 8. (Subsequent Events)

238

(1)

QUESTION 9. (When is Disclosure Due)

238

(8)

QUESTION 10. (Buydown Disclosure; Estimates)

246

(1)

Maes v. Motivation for Tomorrow, Inc.

247

(10)

QUESTION 1. (Difference Between Open and Closed End Disclosure)

250

(1)

QUESTION 2. (What is Open End Credit)

250

(1)

QUESTION 3. (Fair Credit Billing)

250

(1)

QUESTION 4. (Flexible Closed End Disclosure)

250

(1)

QUESTION 5. (Sale vs. Loan Disclosure)

250

(1)

QUESTION 6. (Prepaid Finance Charges)

251

(1)

QUESTION 7. (Rebates and the Rule of 78)

251

(1)

QUESTION 8. (Simple Interest Transaction Rebates)

252

(1)

NOTE Variable Rate Transactions

252

(1)

QUESTION 9. (Variable Rate Disclosure and Liability)

253

(1)

QUESTION 10. (Open End Disclosure and Charges)

253

(1)

QUESTION 11. (Variable Rate Loans and the U3C)

254

(1)

QUESTION 12. (Late Charge Disclosure and State Law)

254

(1)

QUESTION 13. (Directly Related Material)

254

(1)

QUESTION 14. (What are Late Charges)

254

(1)

QUESTION 15. (Spreader Clauses)

254

(1)

QUESTION 16. (Security Interest: Set Off)

254

(1)

QUESTION 7. (Security Interest: Insurance)

255

(1)

NOTE Credit Card Billing

255

(1)

QUESTION 18. (Disclosure of Open End Transactions)

255

(1)

NOTE Civil Actions Under the Truth in Lending and Electronic Fund Transfers Acts; Consumer Class Actions

256

(1)

Thomas v. Myers-Dickson Furniture Company

257

(5)

QUESTION 1. (Remedy Structure)

258

(1)

QUESTION 2. (Multiple Violations)

258

(3)

QUESTION 3. (Clear EFT Disclosure; When Disclosure Due)

261

(1)

QUESTION 4. (Disclosure of EFT Charges; Scope of Coverage)

261

(1)

QUESTION 5. (Periodic EFT Disclosure)

262

(1)

Part C. The Right of Rescission

262

(1)

Introductory Note

262

(2)

Abel v. Knickerbocker Realty Co.

264

(5)

QUESTION 1. (Material Disclosures)

268

(1)

QUESTION 2. (Errors of Legal Judgment)

268

(1)

QUESTION 3. (Forfeiture, or Not)

268

(1)

QUESTION 4. (Loan for Business Purpose)

268

(1)

NOTE High Rate Home Equity Loans

268

(1)

Smith v. Highland Bank

269

(3)

QUESTION 1. (Emergencies)

271

(1)

QUESTION 2. (Class Actions)

271

(1)

Beach v. Great Western Bank

272

(7)

QUESTION 1. (Recoupment)

278

(1)

QUESTION 2. (Exceptions to Rescission)

278

(1)

QUESTION 3. (Principal Residence)

278

(1)

QUESTION 4. (What is a "Security Interest"?)

278

(1)

CHAPTER 6. FAIR EVALUATION

279

(42)

Introductory Note

279

(1)

Part A. Equal Credit Opportunity

279

(10)

NOTE Red-lining

279

(1)

The Home Mortgage Disclosure Act

280

(4)

The Community Reinvestment Act

284

(4)

The Equal Credit Opportunity Act: Red-lining

288

(1)

NOTE The Equal Credit Opportunity Act

288

(1)

Harbaugh v. Continental Illinois National Bank and Trust Company

289

(6)

QUESTION 1. (Requesting Information)

291

(1)

QUESTION 2. (Forms)

292

(1)

QUESTION 3. (Scope of Coverage)

292

(1)

QUESTION 4. (Marital Status Discrimination)

292

(1)

QUESTION 5. (Relation to State Equal Credit Laws)

292

(1)

QUESTION 6. (Relation to Other State Laws)

292

(1)

QUESTION 7. (Prohibited Assumptions)

292

(1)

QUESTION 8. (What is an Application)

293

(1)

QUESTION 9. (The "Effects Test")

293

(1)

NOTE Credit Scoring

293

(1)

QUESTION 10. (Discrimination and Credit Scoring)

294

(1)

QUESTION 11. (Co-signers)

294

(1)

QUESTION 12. (Adverse Action)

295

(1)

Part B. Fair Credit Reporting

295

(14)

NOTE The Consumer Credit Reporting System

295

(11)

NOTE Commercial Credit Reporting

306

(1)

NOTE An Overview of the Federal Fair Credit Reporting Act

307

(2)

Peacock, Jr. v. Retail Credit Company

309

(5)

QUESTION 1. (Commercial Law Remedies)

314

(1)

QUESTION 2. (Basic Fair Credit Reporting Protections)

314

(1)

QUESTION 3. (Right to Learn About and Correct Information)

314

(1)

QUESTION 4. (Sharing Information)

314

(1)

QUESTION 5. (Credit Card Communications)

314

(3)

Fernandez v. Retail Credit Company

314

(7)

QUESTION 1. (Purposes for Consumer Reports)

317

(1)

QUESTION 2. (Improper Use of Consumer Reports)

317

(1)

QUESTION 3. (Reinvestigation of Information)

318

(1)

QUESTION 4. (Disputed Information)

318

(1)

QUESTION 5. (Warnings of Inaccuracy)

318

(1)

QUESTION 6. (What are Reasonable Procedures to Assure Accuracy)

318

(1)

QUESTION 7. (Investigative Reports, Quotas and Accuracy)

318

(1)

QUESTION 8. (Bad Check Lists)

319

(1)

QUESTION 9. (FCRA vs. ECOA)

319

(1)

QUESTION 10. (Privacy Considerations)

319

(1)

QUESTION 11. (Developments in Credit Reporting)

319

(1)

QUESTION 12. (State Credit Reporting Laws)

319

(2)

PART II. INITIAL TRANSACTION PROTECTIONS

321

(48)

Introductory Note

321

(2)

CHAPTER 7. REGULATION OF CHARGES

323

(34)

NOTE The Debate About Rates

323

(1)

History and Economics

323

(1)

Hogg v. Ruffner

331

(4)

QUESTION 1. (Time-Price Doctrine)

333

(1)

QUESTION 2. (Regulation of Time-Price)

334

(1)

QUESTION 3. (Refinancing Sales)

334

(1)

QUESTION 4. (Incidental Loans)

334

(1)

QUESTION 5. (Time-Price and Open-End Credit)

334

(1)

Zachary v. R.H. Macy & Co.

335

(9)

QUESTION 1. (Regulation of Time-Price)

342

(1)

QUESTION 2. (Balance Methods)

342

(2)

QUESTION 3. (Disclosure of Open-End APR)

344

(1)

QUESTION 4. (Open-end Credit Cards, Sale or Loan)

344

(1)

QUESTION 5. (Charge Card Transactions)

344

(1)

NOTE Introduction to Usury Laws

344

(1)

Hollamon v. First State Bank

344

(2)

Williams v. Garrett

346

(11)

QUESTION 1. (Simple Interest vs. Add On)

348

(1)

QUESTION 2. (Discount Interest)

348

(1)

QUESTION 3. (Compounding)

349

(1)

QUESTION 4. (Spreading)

349

(1)

QUESTION 5. (Irregular Transactions)

349

(1)

QUESTION 6. (360/365 Day Year)

349

(1)

QUESTION 7. (Additional Charges)

349

(1)

QUESTION 8. (What is Interest; Finance Charge)

349

(1)

NOTE Usury Undone: Regulation Meets Economics

350

(2)

Deregulation

352

(2)

Federal Preemption

354

(2)

The U3C

356

(1)

CHAPTER 8. UNCONSCIONABILITY, UNFAIRNESS AND BAD FAITH

357

(12)

NOTE The Reach of the Concept of Unconscionability

357

(1)

Jones v. Star Credit Corp.

357

(6)

QUESTION 1. (Unconscionable Pricing)

359

(2)

QUESTION 2. (What is the Appropriate Remedy)

361

(1)

NOTE Theory of Unconscionability

361

(1)

QUESTION 3. (Cross Collateral)

362

(1)

QUESTION 4. (Limitations on Security)

363

(1)

QUESTION 5. (Scope of Unconscionability)

363

(1)

QUESTION 6. (Unfair Practices)

363

(1)

Commonwealth v. DeCotis

363

(6)

QUESTION 1. (What is Unfair)

366

(1)

QUESTION 2. (Bad Faith)

367

(2)

PART III. LATER-TRANSACTION PROTECTIONS

369

(106)

Introductory Note

369

(2)

CHAPTER 9. CLOSED END TRANSACTIONS

371

(10)

Davis v. Hinton

371

(3)

QUESTION 1. (Prepayment)

372

(1)

QUESTION 2. (Right to Prepay)

373

(1)

QUESTION 3. (Scope of Right to Prepay; Rebates)

373

(1)

QUESTION 4. (Insurance Rebates)

373

(1)

QUESTION 5. (Late Charges)

373

(1)

QUESTION 6. (Pyramided Late Charges)

373

(1)

QUESTION 7. (Deferral)

373

(1)

In RE Branch

374

(7)

QUESTION 1. (Flipping)

378

(1)

QUESTION 2. (What is Refinancing)

378

(1)

QUESTION 3. (What is Refinancing)

379

(1)

QUESTION 4. (Assumption)

379

(2)

CHAPTER 10. OPEN ENDED ARRANGEMENTS

381

(4)

QUESTION 1. (Shrinking Billing Period)

381

(1)

QUESTION 2. (Change in Terms)

381

(1)

QUESTION 3. (Billing Error Resolution)

381

(1)

QUESTION 4. (Billing Error vs. Defenses, Returns and Credits)

382

(1)

QUESTION 5. (ECOA; Inadequate Description)

382

(1)

QUESTION 6. (Set-off)

383

(1)

QUESTION 7. (Garnishment)

383

(1)

QUESTION 8. (Allocation of Payment)

383

(1)

QUESTION 9. (Privacy)

383

(2)

CHAPTER 11. DEFAULT AND COLLECTION PRACTICES

385

(46)

Urdang v. Muse

385

(3)

QUESTION 1. (Acceleration of Debt)

388

(1)

QUESTION 2. (Right to Cure)

388

(1)

Lee v. Wood Products Credit Union

388

(3)

QUESTION 1. (Estoppel and Waiver)

391

(1)

QUESTION 2. (Preventing Waiver by Contract)

391

(1)

QUESTION 3. (Sanction for Violation of Article 9)

391

(1)

Imperial Discount Corp. v. Aiken

391

(4)

QUESTION 1. (Unconscionability)

393

(1)

QUESTION 2. (Default Charges and Deficiencies)

393

(1)

QUESTION 3. (Procedural-Protection)

393

(1)

C & C Tile and Carpet Company, Inc. v. Aday

393

(1)

QUESTION 1. (Rights of Subcontractors)

394

(1)

QUESTION 2. (Self-help for Homeowners)

394

(1)

First Wisconsin National Bank of Oshkosh v. KSW Investments, Inc.

395

(4)

QUESTION 1. (Equity Powers)

399

(1)

QUESTION 2. (Fraudulent Conveyances)

399

(1)

Munley v. ISC Financial House, Inc.

399

(5)

QUESTION 1. (Abusive Debt Collection)

403

(1)

NOTE The Scope of the FDCPA

404

(1)

Heintz v. Jenkins

404

(6)

QUESTION 1. (Analysis of Heintz)

408

(1)

QUESTION 2. (Scope of Act: Subject Matter)

408

(1)

QUESTION 3. (What is "Debt"?)

408

(1)

QUESTION 4. (Additional Questions About "Debt")

408

(1)

QUESTION 5. (Scope of Act: Persons Covered)

408

(1)

NOTE Required Disclosure Notices

409

(1)

Bartlett v. Heibl

410

(3)

QUESTION 1. (Drafting a Notice to the Debtor)

413

(1)

QUESTION 2. (Validation)

413

(1)

Dikeman and Dikeman v. National Educators, Inc.

413

(9)

NOTE Third-Party Communications

418

(1)

NOTE Ceasing Communications

419

(1)

NOTE Other Limits on Communications With the Debtor

419

(1)

NOTE Prohibited Practices

419

(1)

Harassment of Abuse

419

(1)

Misrepresentations

420

(1)

Unfair Practices

421

(1)

NOTE Venue

422

(1)

NOTE Civil Liability

422

(1)

Johnson v. Eaton

422

(9)

QUESTION 1. (The Meaning of Johnson)

427

(1)

QUESTION 2. (Attorneys Fees Recoveries)

427

(1)

QUESTION 3. (Class Actions)

427

(1)

NOTE Defenses

427

(1)

NOTE Procedural Issues

428

(1)

QUESTION 1. (Choice of Venue and Law; Cognovit Clauses)

428

(1)

QUESTION 2. (Waiver of Exemption)

428

(1)

NOTE Wage Garnishment and Assignment

429

(1)

QUESTION 1. (Federal and State Limitations)

429

(1)

QUESTION 2. (What May Be Garnished)

429

(1)

QUESTION 3. (Special Exceptions)

429

(1)

QUESTION 4. (Complete Protection)

429

(1)

QUESTION 5. (How Far Does Protection Extend)

429

(1)

QUESTION 6. (Other-Exemptions)

430

(1)

QUESTION 7. (Wage Assignments)

430

(1)

QUESTION 8. (Post Judgment Garnishment)

430

(1)

QUESTION 9. (Termination of Employment)

430

(1)

CHAPTER 12. CONSUMER BANKRUPTCY

431

(44)

NOTE Insolvency Alternatives

431

(1)

NOTE Bankruptcy: An Overview

432

(4)

QUESTION 1. (Avoidance of Liens)

434

(1)

QUESTION 2. (Avoidance of Liens)

435

(1)

QUESTION 3. (Purchase Money and Refinance Loans)

435

(1)

QUESTION 4. (Redemption)

435

(1)

Associates Commercial Corporation v. Rash

436

(15)

QUESTION 1. (Reaffirmation)

442

(1)

NOTE The Bankruptcy Process, the Petition and the Estate

443

(3)

Road Map for Straight Bankruptcy Under Chapter 7

446

(2)

NOTE The "Strong Arm" Powers of the Trustee in Bankruptcy

448

(3)

Fidelity Financial Services, Inc. v. Richard V. Fink

451

(12)

NOTE Bankruptcy Preferences and State Law Grace Periods

456

(1)

QUESTION 1. (State Law Grace Periods)

456

(1)

QUESTION 2. (Subrogation)

457

(1)

QUESTION 3. (Hypothetical Lien Creditor Status; Preferences)

458

(1)

QUESTION 4. (Consumer goods)

458

(1)

QUESTION 5. (Preferences -- Purchase Money Loans)

458

(1)

QUESTION 6. (Preferences -- Secured Credit)

458

(1)

QUESTION 7. (Guarantors)

458

(1)

QUESTION 8. (Repossession)

459

(1)

QUESTION 9. (Judicial Liens and Sales)

459

(1)

NOTE Chapter 13 Plans

459

(1)

Road Map for Individuals with Regular Income Under Chapter 13

460

(2)

NOTE Treatment of Liens in Chapter 13

462

(1)

Nobelman v. American Savings Bank

463

(12)

QUESTION 1. (Treatment of Liens)

467

(1)

NOTE Relation of BC XXX XXX 522(f)(1) and 1322(b)(2)

467

(1)

NOTE Relation of Chapters 7 and 13

467

(2)

QUESTION 2. (Chapter 13 Confirmation)

469

(1)

QUESTION 3. (Cram-Down of Liens)

469

(1)

NOTE Choosing between Chapter 7 and Chapter 13

469

(1)

QUESTION 4. (Discharge)

470

(1)

NOTE Discharge

470

(1)

QUESTION 5. (Choice of Chapter)

471

(1)

QUESTION 6. (Client Profiles)

471

(4)

Index

475

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