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Full-Text Articles in Law
The Means Test: Finding A Safe Harbor, Passing The Means Test, Or Rebutting The Presumption Of Abuse May Not Be Enough, Robert J. Landry Iii
The Means Test: Finding A Safe Harbor, Passing The Means Test, Or Rebutting The Presumption Of Abuse May Not Be Enough, Robert J. Landry Iii
Northern Illinois University Law Review
The scholarship addressing the changes to individual consumer chapter 7 cases under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) has largely focused on application of the mechanics of the means test and the presumption of abuse standard. The focus of this article is the application of the abuse standard in cases in which the means test is not applicable, has been passed, or has been rebutted. The author argues that most of the litigation and attention in the post-BAPCPA era will be in this area. The resulting complex statutory framework may be insufficient for debtors to …
Credit Or Debit? Unauthorized Use And Consumer Liability Under Federal Consumer Protection Legislation, Daniel M. Mroz
Credit Or Debit? Unauthorized Use And Consumer Liability Under Federal Consumer Protection Legislation, Daniel M. Mroz
Northern Illinois University Law Review
Although debit cards may closely resemble credit cards in appearance, consumer liability for unauthorized use is not similar and the payment transaction initiated through use is very different. In response to the increasing use of debit card products, consumer protection issues concerning liability for unauthorized use have been raised, new legislation has been introduced to Congress and an extremely lucrative debit card market has prospered. Sections I through IV of this comment provide an overview of the federal Truth in Lending Act and of the federal Electronic Fund Transfer Act in relation to consumer liability issues concerning the use of …
The Case For Expanded Illinois Insurance Producer Duties, Michael Schag
The Case For Expanded Illinois Insurance Producer Duties, Michael Schag
Northern Illinois University Law Review
In his article, the author argues that current industry practices and consumer expectations justify the expansion of the duties owed by insurance producers to their clients. Specifically, he proposes that courts should become more vigilant in holding producers accountable for failing to inquire broadly into the consumer's insurance needs and for failing to properly advise the consumer regarding pertinent coverage areas.
Violent Crimes At Atms: Analysis Of The Liability Of Banks And The Regulation Of Protective Measures, Gregory W. Hoskins
Violent Crimes At Atms: Analysis Of The Liability Of Banks And The Regulation Of Protective Measures, Gregory W. Hoskins
Northern Illinois University Law Review
This comment examines the growing frequency of violent crimes at automated teller machines (ATMs). The comment analyzes the potential theories of placing liability on financial institutions and identifies the existing regulatory measures that provide protection to ATM users. The author recommends the enactment of legislation which clearly sets forth the minimum acceptable standards of security and provides for further protection of users.
An Equitable Approach To Products Liability Statutes Of Repose, Mark W. Peacock
An Equitable Approach To Products Liability Statutes Of Repose, Mark W. Peacock
Northern Illinois University Law Review
This comment addresses the applicability of the doctrine of equitable estoppel to products liability statutes of repose. The comment specifically focuses upon the situation where the injury caused by the defective product occurs after the repose period has ended and it is alleged that the manufacturer concealed from the customer its knowledge of the defect. The author concludes that the principles of equitable estoppel should be applied to bar the manufacturer from asserting the statute of repose as a defense where the manufacturer intentionally withheld its knowledge of the unreasonably dangerous defects of its product from the consumer.
Chapter 11 For Individual Consumer Debtors: Fresh Start Or False Start?, Cheri L. Cohen
Chapter 11 For Individual Consumer Debtors: Fresh Start Or False Start?, Cheri L. Cohen
Northern Illinois University Law Review
This commentary examines the implications for consumer debtors filing for bankruptcy relief under chapter 11. This option was made available to all consumer debtors in the Supreme Court decision of Toibb v. Radloff. The author contends that the consumer debtor will only obtain a false start, instead of a fresh start, by turning to chapter 11 for the sought-after relief.
The Proposed Bankruptcy Improvements Act: The Creditors Strike Back, Robert E. Ginsberg
The Proposed Bankruptcy Improvements Act: The Creditors Strike Back, Robert E. Ginsberg
Northern Illinois University Law Review
A comprehensive, critical analysis of the proposed Bankruptcy Improvements Act and the changes it would create in the area of consumer bankruptcy by effectively eliminating the consumer's right to the traditional chapter 7 liquidation bankruptcy proceeding and by requiring mandatory chapter 13 wage earner plans.