Bankruptcy Flashcards

1
Q

Bankruptcy law provides a method for _________to have all or part of

A

debtors

debt relieved

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2
Q

Bankruptcy law was

A

debtor friendly

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3
Q

New Act in 2005

A

Bankruptcy Abuse Prevention and Consumer protection Act of 2005

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4
Q

The act in 2005 made it

A

much more difficult to escape debts

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5
Q

Consumer groups__________the act of 2005 and Banks and Credit card companies __

A

Hate it

Love it

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6
Q

4 types of bankruptcy

A

Chapter 7
Chapter 11
Chapter 12
Chapter 13

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7
Q

Bankruptcy liquidation is found in

A

Chapter 7

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8
Q

2005 law changes to Chapter 7

A

Available only to individuals

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9
Q

Allows business to reorganize and emerge as a going business

A

Chapter 11

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10
Q

discharge means

A

debtor is no longer responsible for debt

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11
Q

considers income and expenses to determine if you can file

A

Chapter 7 means test

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12
Q

Form of individual bankruptcy that can be filed as an individual

A

Chapter 13

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13
Q

When is discharge granted in Chapter 13

A

When payment plan is complete

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14
Q

In chapter 13 who decides how much you need for expenses

A

IRS

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15
Q

Under Chapter 13 which credit card charges cannot be discharged

A

Made in last 70 days or after consulting with an attorney

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16
Q

Who can use Chapter 12 to reorganize

A

Family farmers and family fisherman with regular income.

17
Q

2005 act requires

A

prepetition and post petition credit counseling

18
Q

When must prepetition counseling take place

A

within a 180 days before filing

19
Q

Bankruptcy starts when

A

a petition is filed with the bankruptcy court

20
Q

Attorneys must certify facts in petition under

A

penalty of perjury

21
Q

Wrong information in a petition can subject an attorney to __________and _____

A

Fines

Sanctions

22
Q

Property retained by a debtor is called

A

exempt property

23
Q

Creditors must file _________proof of _______stating ___________

A

timely
claim
amount

24
Q

Which types of bankruptcy requires a trustee

A

7, 12, and 13

25
Q

A homestead is _____________property

A

exempt

26
Q

If a homstead is acquired within _________days of filing you can only exempt __________

A

1215

$125,000

27
Q

What is the name of the current federal bankruptcy law

A

Federal Bankruptcy Abuse Prevention and Consumer Credit Protection Act of 2005