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All test notes

by: Michaela Kowatch

All test notes LGS 200

Michaela Kowatch
GPA 3.4
Legal Studies

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All 4 tests worth of notes for the LGS class taught by Professor Chesire. Highlighted is the information that he emphasized to know for our tests in class.
Legal Studies
lgs legal studies chesire university of alabama business
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This 21 page Bundle was uploaded by Michaela Kowatch on Sunday August 9, 2015. The Bundle belongs to LGS 200 at University of Alabama - Tuscaloosa taught by in Fall 2013. Since its upload, it has received 59 views.


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Date Created: 08/09/15
Chapter 1 Business and Legal Environment What is the law 1 Legally right vs legally wrong a A set of rules that apply to the individual and society as a Whole b Gives remedies and punishment o 1 Law consist of enforceable rules that govern individuals and society 0 Sources of American Law Where Law Comes From a State constitution every state has its own set of laws b Federal constitution Only one the US constitution ii There is no law that can con ict With the US constitution considered unconstitutional a Published in books a Deal With rules and regulations of an agency of some kind i EX FDA i Not seeking a remedy ii Asking court to order a solution for something iii Fulfill an obligation Perform What is requested 1 EX stop cutting trees on property 2 Specific performance fulfill a contract 3 Cases apply when there is no adequate remedy at law a 1950 s c Ruling overturned the precedence of racially separate but equal schools d Up until that point segregation was an acceptable ruling After that it was no longer precedence Classification of laws i Would have plaintiff and defendant ii Usual remedy is monetary iii Everything other than criminal law iv Attorneys individually represent either side i Would have city of state of or USA plaintiff is the government against defendant ii The plaintiff have their own state regulated officiated representative c Federal or State i Discussed previously Levels of Court System a Handle appeals b If something is disagreed on in trial courts it goes to this level to be appealed c will not have a plaintiff and defendant 3 Supreme Court highest level a Every state has their own supreme courts state law b The US supreme court federal law 4 At appellate and supreme level once a case is decided on there are numerous judges hearing the case 5 When they decide a case they issue a written opinion ruling on the case a Unanimous opinion all judges agree on ruling i l judge writes opinion for everyone b Majority opinion more than 50 of judges agree on ruling i 1 of agreeing judges writes opinion c Concurring opinion one of the judges within the majority writes a separate opinion in agreement with the main opinion d Dissenting opinion someone who was not a part of the majority will write out why they disagree with the majority 6 At the very end of the written opinion the last word will be a Affirmed the outcome of the original ruling was upheld b Remanded the appeal is sent back to the trial court to be retried c Reversed the judges do not agree with the ruling decided on by the trial court Chapter 2 the court system What does the court system do Interpret the law judicial review and apply the laws to specific situations 1 Marbury vs Madison established what the court system does 2 Branches of the law a Legislative branch makes the laws b Judicial branch interprets the law and anything involving the court system c Executive branch enforces the law 3 Judicial requirements things that must be met to le an original lawsuit with in a court a Proper jurisdiction whether or not a court has the authority to hear a case that involves a personproperty and subject matter may limit the courts ability to hear a case i In personam jurisdiction over a person or business ii Subject matter jurisdiction 1 General subject matter jurisdiction trial court level state and federal courts the court can deal with a wide variety of general type cases category that most cases fall under 2 Original subject matter jurisdiction trial court level state and federal courts court can hear the case because that is where it originated 3 Limited subject matter jurisdiction a State courts only examples probate estate law divorce law b Federal courts only examples bankruptcy 4 Appellant subject matter jurisdiction appeals and appeal cases iii Concurrent jurisdiction 1 state courts or federal courts can hear a particular case a example diversity of citizenship i doesn t involve a federal question ii the plaintiff and defendant must be from different states and the plaintiffs claim must be more than 75000 b can be filled in either a state or federal court but the plaintiff may not choose to file in federal court iv Exclusive jurisdiction 1 Can only be filled in federal court or state court not either or v Federal court jurisdiction does not apply to state courts 1 Federal question federal law or the US constitution issue violated rights under the US constitution b Important for a lawyer to meet proper jurisdiction When filling a case c Proper Venue location for a trial to take place i Civil cases 1 Where the defendant resides or Where the calls to action Whatever happened took place 2 Plaintiff chooses Where to le ii Criminal cases Where the crime occurred iii Change of venue 1 There must be a request made to move the case from its proper venue 2 Usually in criminal case to move the venue for a change or jury d Standing to sue i The plaintiff filling the case has sufficient contacts With the cause of action they were personally involved in the cause of action ii the cause of action must be real actually happened iii plaintiff must have been harmed injured iv minors have standing to sue a parent may sue for their child 4 The court system of Tuscaloosa county has 4 different courts in their court house a District court i 2 district judges ii No jury trials iii judges handle both civil and criminal cases iv small claims court 11500 b 0 Circuit court i 4 judges ii The only place Where jury trials are held iii Both civil and criminal cases c 0 Family court i 2 judges ii No jury d o Probate court i Estates deaths wills ii 1 judge iii Judge doesn t need to be a lawyer doesn t have to have passed the bar In civil cases the law doesn t require you to have an attorney you have the right to represent yourself Pro sae representing yourself Process of filing a lawsuit 1 Cause of action a The reason for a case 2 Consultation with an attorney a Assuming attorney takes case an employment contract is signed between the attorney and client b Main focus of contract is legal fees i Flat fee 1 onetime payment to represent client 2 Usually when drafting documents 3 Example wills contracts etc ii Hourly fee retainer fee 1 Client will pay attorney a retainer lump sum of money for attorney to take case 2 The hourly fee is taken out of the retainer whatever the fees are as the case progresses 3 Extra money from the retainer that is unused in the hourly fee is returned to the client at the end of the case iii Contingency fee 1 A percentage of the recovery is paid to the attorney as compensation frorm what the client is awarded 2 3350 is usual 3 If no money is recover the client does not pay attorney 3 Plaintiff files a complaint with the court a Initial document that starts a case b Complaint sets out claim i Specifies what kind of trial the plaintiff wants 1 Jury or nonjury judge ii Specifies the amount of money that the plaintiff wants or whether they want to leave it up to the judgejury to decide 4 Defendant is served a Defendant receives a copy of the complaint 5 Attached to the served complaint is a summons which informs the defendant of how many days they have to respond to the complaint a District court 14 days b Circuit court 30 days 6 If defendant doesn t respond the plaintiffs attorney will request a default judgment for X amount and the judge will award the request a Garnishing taking money from wages tax return bank account to get money owed b Writ of execution the sheriff goes to your house and seizes your personal belongings to sell at auction to satisfy money owed c A default judgment is good for 10 years in which the client and attorney can choose to take action against the defendant whenever they want When the 10 years is over the default judgment can be renewed 7 If the defendant does respond to the complaint a Affirmative defense must be filed in answer to the complain i Self defense ii Contributory negligence b Defendant can choose to file a counter claim i Defendant sues plaintiff ii Both claims are heard in the same trial 8 Discovery phase period of time where both parties discover request info from the other side a Interrogatories written questions that the other party answers anything related to case and defense b Request for documents written request for the other to turn over documents related to the case i Bank statements medical records tax returns police reports etc c Deposition attorneys and clients in a room with a hired recorder face to face questioning 9 Pretrial motions one or both attorneys will file motions to the court improper venue jurisdiction etc before the trial 10 Court phase a Jury trial i Jury selectionjury pool the day of the trial a pool of people is brought to the court room and the attorneys narrow the selection until eventually only 12 people remain 1 Voir dire attorneys will question jury pool 2 Challenging the jurors the lawyers will decrease the pool based in the answers the jury give to questions ii Attorneys give an opening statement about what the case is about iii Testimony witnesses testify on the stand to the jury iv Attorneys give a closing argument argue position to the jury based on the testimony and evidence attempting to sway jury to their side V The judge will charge the jury which is when the judge informs the jury how the law applies to the case vi Based on evidence witnesses and the law the jury will deliberate the case to try to reach a verdict for the case vii All verdicts must be unanimous all 12 jury members must agree viii Hung jury if all 12 do not agree the case is closed can be tried again at a later date not suggested b Burden of proof what does the plaintiff have to prove to win a case i Civil case by the preponderance of evidence more likely than not ii Criminal case beyond a reasonable doubt has to prove guilt of defendant beyond 11 Posttrial motions one or both sides ask judge to set something aside or get a new case because of a circumstance in the case a Must file a posttrial motion before you ask for an appeal b Either party has the right to appeal a case Chapter 3 Alternative Dispute Restitution ADR only about 510 of cases actually make it to a trial 1 Negotiation simplest form of ADR a Occurs throughout the case b The parties plaintiff and defendant andor attorneys doing the negotiating c Informal meeting of parties to try and work out the differences in the case d Will be no 3rd party 2 Mediation the oldest for of ADR a Mediator the 3rd party b Both parties and a neutral 3rd party c Mediator doesn t have to be a lawyer d Discovery phase stuff docs are allowed in mediation i Discovery done prior to meditation e Much less expensive than trial i Find mediator and both sides pay a at fee to the mediator f Plaintiff and defendant are separated mediator will talk to both sides and then facilitate an agreement g Mediator knows the law and the facts before the day of the mediation h Very successful form of ADR i Mediation is nonbinding either side can terminate the mediation at any point i Occurs during mediation when there is a stalemate j The mediator does not render the decision make a ruling they are simply there as a facilitator k Parties attorneys can agree on a mediator or a court may order a mediation before the case 3 Arbitration usually deals with large companies corporations unions etc a 3ml party involved arbitrator s i Panel of arbitration Arbitrator does render a decision Arbitration is binding on both parties Parties cannot terminate arbitration Not allowed to use stuffdocs found in the discovery phase Similar to a trial that it has witnesses and evidence Arbitration clause if you have to finance a purchase and have to sign a contract for an item there will be an arbitration clause i If there is a dispute about the product you must go to arbitration instead of filing a lawsuit ii By signing the agreement you waive your right to a jury trial h Decision if final i Some occasions where you can appeal the arbitrators ruling to the court system ii Court usually won t change the arbitrators decision czarb0953 Chapter 5 Constitutional Law 1 US Constitution is the supreme law of the land a Bill of rights first 10 amendments 3 Clauses within the US constitution a State 1 All residents of every state are to be treated equally prohibits discrimination throughout states 2 Businesses in one state have the same rights in whatever state they go to 2 Guarantees that legal documents will be honored in other states a EX contracts are honored no matter where you go 3 Assures that judicial decisions made in one state will be honored in all states b Federal 2 Regulates any and all forms of commerce 4 US constitution iii Have a right to a hearing in situations involving termination iv Applies to both individuals and corporations i Recent Within the last 10 years iii Must get court approval notify opposition opposition has the right to object to you getting info ii Makes sure someone else cant gain access to your personal info U PP Ni Freedom of speech religion the press and to protest right to assemble Right to bare arms None Prohibits unreasonable search and seizure of a person or property Guarantees the right indictment by the grand jury gives you due process of laW a Deals With condemnation the taking of property by the gov i Right to contest it b Prohibits selfincrimination plead the 5th c Prohibits double jeopardy can t be tried twice for the same crime Guarantees a jury trial in a criminal case the right to a speedy trial right to be brought to court in a reasonable amount of time the right to cross examine a Witness Guarantee to a jury trial in a civil case Prohibits excessive bailbond or fines court fines prohibits cruel and unusual punishment the death penalty None 10 The powers not delegated to the US by the constitution nor prohibited by it to the states are reserved to the states 1St amendment Crime of harrasment l l l 4th amendment a Most searches have a warrant d Search warrant must be specific in nature specific address or person e The search warrant can t go beyond the speci cs of what they re alleging specific thing being searched for 5th amendment a Only applies to b Could apply to civil cases 39 Only in a civil during a deposition if a testimony given could eventually lead to you being arrested in the future you can plead the 5th fraud tax evasion etc c Applies in federal and state court d Only applies to individual people e Doesn t apply to corporations business records legal entities Chapter 7 Criminal Law 1 All crimes are classified 2 Every crime falls into a category i Class A Felony 1 EX murder rape robbery 2 Minimum 10 years to life 3 Fine up to 20000 ii Class B Felony 1 Minimum 2 years to 20 years 2 Fine up to 10000 iii Class C Felony 1 Minimum 1 year and 1 day to 10 years 2 Fine up to 5000 iV Class A Misdemeanor 1 1 day to 1 year 2 Fine up to 2000 Class B Misdemeanor 1 1 day to 6 months 2 Fine up to 1000 Vi Class C Misdemeanor 1 1 day to 3 months 2 Fine up to 500 lt 9 c A third felony will find you in class A no matter What d October 1St 2013 sentencing guideline for criminal act i Determines your prior criminal history and looks at circumstnces of particular case at the time and assigns a point amount ii The court totals points to determine Where you fall in the punishment range iii Reason it was brought into law was to keep nonViolent offenders from going to prison 9 0 O 9 D E 59 U3 D lt D H 39lt CD p A D B CD 5 H 0 H1 S33 0 D B CD Er S33 H B E U3 H Oquot D quotd H O lt D 5 395quot H 39lt O E H O Oquot D O O 5 lt H O H D 9 0 Juvenile court system deals with individuals younger than 18 d Law says that if you are between 14 and 18 you can be tried as an adult f Under the law individuals found guilty as a juvenile are not technicallyofficially convicted of a crime because the records are sealed 0 Not technically a conviction d Not always granted judge can deny youthful offender status i Usually status is denied if someone is hurt or there is a weapon involved ii Paid for by the state b Judge can also choose an attorney to represent the a court appointed attorney i Private attorneys is paid for by the state 2 Mens Rae a Whether or not the defendant intended to commit the crime 3 J ustification Self Defense a Were defending themselves 4 Immunity law enforcement requests defendant cooperates a Codefendants more than one defendant originally one of the defendants turns in the other helps prosecute the other b Defendant gets immunity or shortened punishment 5 Insanity mental disease or defect a Defendant will need to be tested copiously to determine whether or not they are truly incapable of committing crime meeting mens rae and actus reus 6 Duress the defendant was coercedforcedthreatened into committing the crime 7 Statute of limitations a Misdemeanor usually 12 months to press charges b Felony only some murder rape kidnapping don t have statute of limitations 8 Entrapment a Normally an informant works for the police b Was the defendant predisposed to commit the crime or was the defendant induced to commit the crime i Defendant knew what he was doing had intent predisposed ii Was it suggested that the defendant commit the crime by law enforcement induced 1 Set up by legal informants Criminal Amendments 4th5th6th8th l Exclusionary rule evidence that was obtained by law enforcement that violates the 4th 5th or 6th amendment is generally inadmissible in court 2 Miranda rights rules a Miranda vs Arizona 1966 us supreme court i Right to remain relent right to an attorney anything you say or do can and will be used against you in the court of law b Law enforcement must inform you of these rights at the time of your arrest or at the time that you are placed into custody c If law enforcement obtains a statement evidence after you ve been arrested and they have not informed you of your Miranda rights the evidence is inadmissible in court d Miranda rights do not apply to personal info name address DOB etc e You have the right to remain silent you don t have to say anything at all law enforcement cant require you to speak give them any info f You don t have to consent to a search but law enforcement can nd other ways to conduct one i Miranda rights state that you don t have to speci cally say yes to a search if there is not a warrant 1 Arrest a Probable cause was there any in the arrest i Substantial likelihood that the person committed the crime 2 Booking into county jail a Picture taken handcuffed take your personal belongings finger printed b Bondbail is set i Told how much bond is ii Pay cash bond or pay bail bondsman 15 to be released from jail 0 Meet with the magistrate i The one who sets bond ii Tells you your charges and when you are to appear in court 3 Initial appearance a The time given at the booking b When you go before the judge i Judge asks if you have a lawyer either private or indigent defense ii Judge informs you of charges against you 4 Preliminary hearing or grand jury a Preliminary hearing optional the prosecution has to prove the probable cause or your arrest to the court i This is when the attorney finds out the evidence against their client ii At the end the judge determines if there was probable cause for your charge usually the judge does find probable cause b Grand J ury a jury of people who decide if there is probable cause to continue with the case 5 Indictment phase you are given a written notice that you are being formally charged with the crime a Once you are indicted you are officially in the criminal court system 6 Arraignment phase when you enter your initial plea to whatever charge you are in court for a Pleading not guilty is part of the process the prosecution has to prove that the defendant is guilty b Pleading guilty only happens with a settlement etc 7 Plea bargain pretrial phase a Plea Bargain i Willcan plead guilty to a lesser charge ii Settles the case earlier b Pretrial i Your case is set for trial if it doesn t go to plea bargain 8 Trial a Either plead guilty or go to a jury trial 9 Sentencing a Judge sentences fine andor punishment Chapter 13 Strict Liability and Product Liability a An b Whether or not anyone is at fault you are strictly liable for injury or loss b Any product put into business c Manufacturer is sued When plaintiff is harmed by the product Chapter 12 TORTS Civil action involves 2 individuals With a dispute plaintiff and defendant Designed to compensate someone Who has been injured or suffered a loss because of Tortfeaser Intentional TORTS against a person Tortfeaser knew that the consequences of their actions were lose or injury a Assault civil i Intentional unexcused act that causes harminjury to someone ii Physical injuries or harm iii Usually sued for damages p x iv Don t have to actually in ict physical injury for civil assault 1 Placed in fear or apprehension of fear 2 Have to be violently threatened 3 EX gun pulled but not fired V Defenses deals With reasonable force 1 Self defense 2 Defense of others 3 Defense of your property vi Force matches force b False imprisonment i Intentional unexcused con nement or restraint of your freedom of movement ii Without consent you are restrained or held 1 EX shoplifting c Intentional in iction of emotional distress i Intentional act that amounts to extreme and outrageous conduct resulting in severe emotional distress to someone 1 Ex after death the wrong process is done to loved one cremation etc d Defamation i Wrongful hurting or a person s good reputation ii Some false derogatory comments made about a person iii Liable and slander 1 Liable something in writing 2 Slander some verbal comments iv Action 1 Publication requirement Whatever is stated must be communicated by other people not just the person being spoken about v Truth is a defense even if it is derogatory and to the public vi Privilegeimmunity defense only applies in court 1 During questioning a Witness may not later sue the opposing attorney if they are offended by a question that they are asked e Invasion of Privacy i Someone uses somebody else s likeness name againstWithout their permission ii Intrusion into a person s personal affairs 1 EX eavesdropping surveillance wiretapping 2 Without consent someone intrudes into your life iii Defamation publication of something false iv Public disclosure of private affairs f Appropriation i Similar to invasion of privacy ii Someone has appropriated used a person s name for their Tortfeaser personal gain g Fraud i Misrepresentation of someone or events ii Intentional deceit iii Tortfeaser does it for own personal gain Business TORTS 1 Wrongful interference with a contractual relationship a Have to show valid enforceable contract between original 2 parties Things that b 31 d party knew of the existence of the contract must be proven d rd c 3r party mtentlonally caused the breach of contract for the 3 part1es personal gain 2 Wrongful interference with a business relationship a An established business relationship is in place b 3ml party intentionally causes business relationship of original 2 parties to end c Because of this the plaintiff suffered damages Property TORTS 1 Real property landreal estatethings permanently attached to the land 2 Personal property money compensation belongings 3 Trespass a Real property either a person or a substance has entered onto the property of someone else i No consent by land owner ii Can apply to under the surface of property and above the surface of the property ex mineral and gas lines or cropdusting iii Continuing trespassing something is allowed to come onto the property mud water silt 1 Ex when construction is occurring next to a property 2 Because of ow it is called continuing iv If you go onto someone else s land and commit an illegal act you are immediately trespassing 1 Cutting down someone else s trees v License not considered a trespasser land owner has given you the right to go onto the property 1 Defense in trespass case 2 Land owner may revoke the license at anytime b Personal Property without consent of owner i Done harm to personal property ii Deprived owner of the enjoyment of personal property iii Deprived owner of exclusive possession of personal property iv Conversion depriving the owner of their right to their property whether real or personal property 1 Tortfeaser takes someone s property for their own bene t 2 Same as theft Negligence unintentional TORTS act 1 Some act that Tortfeaser commits risks of consequences that were not intended towards plaintiff a Ex car wreck 2 Foreseeable Foreseeability a Law says that the risk of consequences must be foreseeable b Tortfeaser creates risk so it is foreseeable that harm will result whether it is foreseeable or not i Ex rules of the road code of AL c 4 elements to make up a case i Defendants owed a duty of care to plaintiff ii Defendant breached duty of care to plaintiff iii Plaintiff suffered injury or damage iv proximate cause defendants breach of duty of care caused plaintiff injury 1 Plaintiff must show causal connection between breach and injury 3 Duty of care measured by a reasonable person standard a Risk of consequences created by Tortfeaser b Everybody has a duty to others not to harm them i Do what the law says so that we don t create risk and harm others c Land owners business owners have duty of care to protect invitee when they enter businessland i Slip and fall case invitee goes into property and slips and falls law says that business has duty of care that this doesn t happen ii Plaintiff must show that business has had notice of the substance that caused fall 1 Constructive notice employee sees it tells managerowner Nothing is done 2 Actual notice managerowner sees it and nothing is done d law says that people are not under duty of care to helprescue others 4 Plaintiff must show 2 things a Liability cause of accident i 4 proximate cause 1 Proximate cause casual connection between act amp defendant and injury amp plaintiff ii Causation in fact but for test 1 Court examines case facts but for the wrongful act the injury would not have occurred b Damage proof that they have suffered harmdamage i Legally recognized injury ii Medical documentation of injury iii Compensatory damages normal damage make plaintiff whole 1 Recoup what plaintiff has incurred in damages ex medical bills lost wages iv Punitive damages to punishdeter someone from doing it again 1 Gross negligent cases drunk driver injureskills someone 5 Palsgraff vs Long Island Railroad a Stood for foreseeability is the test for proximate cause b 4 proximate cause is met 6 Defenses in negligence case a Assumption of risk i Plaintiff knew the risks and was injured as a result of something he assumed the risk of b Superseding cause i Not a standard defense ii Some unforeseen accident iii Injured person sues for more than the damages in icted directly by the defendant c Contributory negligence AL i Defendant sues plaintiff back plaintiff contributed to the cause of accident ii If defendant wins the plaintiff cannot recover 1 Only if defendant can prove contributory negligence d Comparative negligence MS i J udge jury determine the relative blame for each party involved in the accident ii Defendant only pays the percentage that the reparation that they were to blame 7 Additional Negligence theories of law a Res Ipsa Loquitor i The facts speak for themselves ii Based on fact circumstances of case don t have to prove negligence the law presumes negligence iii Ex malpractice b Negligence Per Se i Some statute code has been violated and because of that the plaintiff doesn t have to prove negligence c Dram Shop act i Deals with a social gathering person has been excessively over served alcohol and leaves premises and harms someone ii Plaintiff sues both the defendant and the establishment Chapter 15 Creditors Debtors and Bankruptcy 0 Creditor someone whom debt is owed 0 Debtor party who owes debt 0 Guarantee co signer 0 31d party signing on a debt 0 Cosigner is liable just as much as debtor 1 Default on debtors part debtor hasn t paid creditor bank loan credit card a Lien claim is placed against debtors property i Security interest in property ii Until debtor pays off lien they can t do anything with their property b Mechanics Lien usually deals with property issues ex contractor i Contractor notice of mechanics lien ii Filed in probate court iii Must file lien within 6 months of last day of work on property if debtor doesn t pay within 6 months of receiving lien the creditor must le a suit c Judicial Lien judgment from the court i Rite of execution sheriff sells debtors property to satisfy money owed 1 Must be unencumbered not have any financing ii Garnishment 2 Creditor remedy against debtor mortgage a Gives creditor security interest on debtors property b Bank owns property until mortgage is paid c Foreclosed if mortgage isn t paid i Creditor mortgagee ii Debtor mortgagor 3 Foreclosure a Home owner receives notification of foreclosure b Home appears in newspaper for foreclosure sale i name and date of sale c if money owed isn t paid by date of sale the property is auctioned off on the court house steps d redemption period the mortgagor has 12 months to pay back money owed plus fees interest taxes lawyer fees etc to get their property back 4 Bankruptcy federal court only a No alternative to pay debt last option b Pro Radi Share Allowed into bankruptcy keep your stuff able to pay debt at a reduced rate i For 7 years after you file bankruptcy credit score is 0 ii Must meet criteria and judge must approve iii As long as you make your payments you get to keep your shit if you miss a payment they take it c Types of Bankruptcy i Chapter 7 bankruptcy Liquidation 1 Turn all of your stuff over to bankruptcy but you lose all of your debt 2 7 years credit score is 0 ii Chapter 11 bankruptcy Reorganization 1 Large corporations only 2 Court approves the reorganization of debt so that you can pay creditors and still operate d Automatic stay upon filing of bankruptcy all creditors are stayed from collection i Protects debtors from future collection only during bankrupt status e Relief from automatic stay petitioning bankruptcy court to get around automatic stay i Creditor seeks out money from a 3rd party of debtor ex insurance company


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