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Author Question: The Code permits individual debtors (but not organizations) to keep some property for themselves. ... (Read 38 times)

olgavictoria

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on: Jun 24, 2018
The Code permits individual debtors (but not organizations) to keep some property for themselves.
  Indicate whether the statement is true or false

Question 2

What significance is applied to classifying front pay as appropriate equitable relief rather than as damages in the calculation of liquidated damages?


Dunkey

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Reply #1 on: Jun 24, 2018
Answer to Question 1

T

Answer to Question 2

The liquidated damages award is affected by whether front pay is classified as damages under clause (a)(1)(A)(I) or equitable relief under clause (a)(1)(B) because relief classified as equitable is not included in the calculation of liquidated damages. Citing federal case law, the court of appeals ruled front pay was equitable relief and therefore should not be included in the calculation of liquidated damages. Applying federal precedent, the Supreme Court of South Carolina held front pay is equitable relief under clause (a)(1)(B). Because liquidated damages do not include equitable relief, the court of appeals properly excluded front pay from the calculation of liquidated damages.


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