Discuss the consequences a creditor may face for violating the Automatic Stay. Who has the burden of proof in this type of situation? Are all bankruptcy debtors entitled to recover damages in situations where a creditor has violated the provisions of the Automatic Stay?
What will be an ideal response?
The sanctions for violating the Automatic Stay are found in 11 U.S.C. §362(k), under which, an individual debtor who is injured by a willful violation of the Automatic Stay provisions of §362 is entitled to recover actual damages, costs, and attorney's fees as well as punitive damages in some cases. This section of the Bankruptcy Code, however, only applies to individuals, so a corporation may not recover damages. The debtor has the burden to prove that the creditor violated the Automatic Stay.
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In most states, what is the governing principle of property division, and what are some of the factors that determine the division?
Fill in the blank(s) with the appropriate word(s).
Which of the following must be true of evidence in order for it to be admissible in court?
a. It must be relevant b. It must be authentic c. An attorney must lay a proper foundation for the evidence d. It must be relevant and it must be authentic e. All of these choices are correct
Explain the modern concept of conspiracy.
What will be an ideal response?
Which of the following are steps in the process of identifying the issue(s) in a court opinion?
A. Focus on the holding B. Determine which of the facts apply to establish or satisfy the elements of each cause of action-the key facts C. Determine the elements of each cause of action identified in step 1 D. Assemble the issue from the law and key facts identified in steps 2 and 3 E. All of the above F. b, c, and d