40 Questions
What is the chapter number for Judgment Lien in Wisconsin Collections Law?
Chapter 806
Which Act deals with Fair Debt Collection Practices?
Fair Debt Collection Practices Act
In which section of the Federal Bankruptcy Textbook would you find information on Consumer Bankruptcy Flowchart?
Pages 97-100
Which law addresses the protection of assets in Wisconsin?
Protected Assets Law
Which type of privacy is recognized under Wisconsin Statute § 995.50?
Privacy from intrusion, use of name or picture for advertising
What remedies are available for violating the right to privacy under Wisconsin law?
Equitable relief, compensatory damages, and recoverable attorney's fees
What is not eligible for recovery under the right to privacy law in Wisconsin?
Religious affiliation
In what situation can privacy interests outweigh public interest in open records requests?
When revealing the information threatens personal privacy or safety
What did the case example, Poston v. Burns, involve?
Dispute between neighbors over invasion of privacy
What did the defendants in the case of Poston v. Burns allegedly violate?
WIS. STAT. § § 995.50(2)(a) by recording personal conversations within the plaintiffs' home
What was the outcome of the lower court ruling in the case of Poston v. Burns?
Ruled against the plaintiffs
What did the appeals court do in response to the lower court ruling in Poston v. Burns?
Did not affirm the ruling
What does the Fair Debt Collection Practices Act (FDCPA) allow creditors to do?
Seek debt collection through various means, such as direct communication, suing the debtor, or hiring a debt collection service
What type of privacy is not affected by the right to privacy law in Wisconsin?
Public records
What can satisfy the publicity element of an invasion of privacy claim in Wisconsin?
Disclosure of private information to one person or a small group
What does the federal right of privacy in Wisconsin not depend on?
Statute
Which type of transactions does the Wisconsin Consumer Act (WCA) apply to?
Consumer transactions involving merchants and consumers
What ruling exempts federally incorporated banks from state usury laws?
First of Omaha ruling
What is required to prove a violation of the Wisconsin Consumer Act (WCA)?
Intent is not required to prove a WCA violation
What can creditors in Wisconsin do in terms of debt collection from a debtor's spouse?
Creditors in Wisconsin can collect from a debtor's spouse
What can debtors recover for Wisconsin Consumer Act (WCA) violations?
Actual damages, emotional distress damages, and attorney's fees
What must creditors do to comply with the Wisconsin Consumer Act (WCA) regarding disputed debts?
Creditors must report disputed debts to credit agencies
What can excessive creditor contacts be considered under the Wisconsin Consumer Act (WCA)?
Harassment
What can invasion of privacy lead to in Wisconsin?
Legal action against violators
How is the right to privacy interpreted in Wisconsin?
As a federal right, even though not explicitly mentioned in the Constitution
What does the Wisconsin Invasion of Privacy Statute outline?
Four types of privacy violations
What is the focus of the Wisconsin Consumer Act (WCA)?
Consumer protection
What is the outcome of a WCA violation in terms of debt?
Reimbursing debtor and forgiving debt
Which legal provision is related to Adequate Protection?
Section 361
What does the Fair Credit Reporting Act primarily focus on?
Privacy concerns related to credit reporting
What does the means test assess in bankruptcy cases?
Debtor's eligibility for Chapter 7 bankruptcy
Which legal case contributed to the decline of usury laws?
Marquette Nat. Bank of Minneapolis v. First of Omaha Service Corp.
What does the Fair Credit Reporting Act provide people with the means to do?
Access and correct errors on their credit reports
Which aspect of bankruptcy law involves the protection of certain property from liquidation in bankruptcy?
Exemptions
What is the purpose of the means test in bankruptcy cases?
To assess debtor's eligibility for Chapter 7 bankruptcy
Which legal provision is associated with the requirements for a Chapter 13 plan?
Ride thru
What does the Fair Credit Reporting Act address in relation to credit reports?
Privacy concerns
Which legal aspect involves the release of a debtor from personal liability for certain dischargeable debts?
Discharge
In bankruptcy cases, what do secured claims have priority over?
Exemptions
What does the Fair Credit Reporting Act enable people to correct on their credit reports?
Errors
Study Notes
Bankruptcy Law and Credit Reporting Summary
- The text covers various aspects of bankruptcy law, including the means test, automatic stay, property of the estate, exemptions, claims, discharge, and reaffirmation agreements.
- It delves into specific cases and legal provisions related to bankruptcy, such as In Re Ritchie, Citizens Bank v. Strumpf, and Adequate Protection §361.
- It also discusses debtor's duties, exemptions, and the disallowance and estimation of claims in bankruptcy cases.
- The text explains secured and priority claims, as well as the discharge of debts, including nondischargeable debts and reaffirmation agreements.
- It provides details on specific bankruptcy rules, such as §722 redemption and ride thru, as well as the requirements for a Chapter 13 plan.
- The text also touches on the Fair Credit Reporting Act, which provides people with the means to access and correct errors on their credit reports.
- It discusses the origins and purposes of the Fair Credit Reporting Act, focusing on privacy concerns and potential abuses related to credit reporting.
- The text briefly mentions usury laws and their regulation of interest rates, noting their decline due to legal cases like Marquette Nat. Bank of Minneapolis v. First of Omaha Service Corp.
Test your knowledge of bankruptcy law and credit reporting with this comprehensive quiz. Covering topics such as means test, automatic stay, discharge of debts, Fair Credit Reporting Act, and more, this quiz will challenge your understanding of key legal provisions and regulations in these areas.
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