Assignment 2: Case Studies

Assignment 2: Case Studies

Select two of the three case studies.  Cite your sources in APA format on a separate page.           

Case Study 1: Bankruptcy

This question consists of two parts. Answer BOTH parts.  Part 1 The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCA) was designed to make it more difficult for individuals to qualify for Chapter 7 bankruptcy and require more consumers to pay as many of their debts as they could instead of fully discharging all debts. Do you believe BAPCA accomplished this goal? Explain and support your answer with scholarly sources. Part 2  Should debtors who voluntarily incurred debts such as purchase of a home theater system be able to receive the same benefits of filing bankruptcy as individuals who incurred debts involuntarily, such as emergency medical bills? Explain and support your answer with scholarly sources.

Case Study 2: Consumer Protection

Brent, a salesperson for Freedom Life Insurance met with Mr. and Mrs. Brown at their home in Florida on October 30th. The Browns lived in a 55+ retirement community that prohibited door-to-door sales. After a credible sales pitch about the benefits of providing income for the surviving spouse and the couple’s grandchildren, the Browns signed a contract to purchase a life insurance policy requiring payments totaling $1,200 per year. A down payment of $200 was required with the remainder of the cost to be paid in monthly payments each year. Two days later, the Browns had second thoughts about purchasing the insurance. Mr. Brown contacted the insurance company and expressed that they wanted to cancel the contract. The insurance company explained that it would be impossible to cancel the first year and the Browns would be in breach of contract if they did not make all of the payments. 

• Did Freedom Insurance violate any consumer laws by not allowing the Browns to rescind their contract? Explain.

Case Study 3: Insurance

Select and read one of the cases below. In your own words, discuss the following information for the case you selected. All cases can be found on Westlaw Next in the SUO Library.

• Summary of facts
• Legal issue(s) involved
• Decision (Provide both trial and appellate decisions)
• Ethical issue(s)

Administrative Committee of the Wal-Mart Stores, Inc., et al., v. James A. Shank, as Trustee, et al. 500 F.3d 834 (8th Cir. 2007), cert. denied, 128 S. Ct. 1651 (2008).

Cary v. United of Omaha Life Insurance Co., 108 P.3d 288 (Colo. 2005).

Leonard v. Nationwide Mutual Insurance Co., 499 F.3d 419 (5th Cir. 2007)

Wolfe v. Allstate Prop. & Cas. Ins. Co., 790 F.3d 487 (3d Cir. 2015)

Woo v. Fireman’s Fund Insurance Co. 164 P.3d 454 (Sup. Ct., Wash., 2007)