Chp 13 - Bankruptcy Law Flashcards

1
Q

The law governing bankruptcy is federal statutory law.
- True
- False

A

True

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2
Q

The most common bankruptcy proceeding is known as adjustment of debt.
- True
- False

A

False

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3
Q

A debtor filing for Chapter 7 bankruptcy must provide a list of all immediate family members because persons such as spouses may be liable for the bankrupt person’s debts.
- True
- False

A

False

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4
Q

The debts owed to secured creditors have the greatest protection in bankruptcy proceedings.
- True
- False

A

True

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5
Q

The role of the trustee is to minimize the amount of the debtor’s assets available for distribution to creditors.
- True
- False

A

False

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6
Q

In a bankruptcy proceeding all creditors must be paid an equal share of the assets available, according to the amount of debt owed.
- True
- False

A

False

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7
Q

The final stage of bankruptcy is the dissolution stage.
- True
- False

A

False

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8
Q

Once a bankruptcy is finished, bankrupts are relieved of paying all debts.
- True
- False

A

False

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9
Q

The framers of the Constitution specifically made bankruptcy a matter of:
- state law
- federal law
- common law
- arbitrary law
- tort law

A

federal law

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10
Q

The primary objective of the trustee is:
- to deplete the debtor’s estate
- to protect general creditors first
- to ensure that the debtor’s exempt property is liquidated
- to maximize the amount of the debtor’s assets that the trustee is paid
- none of the other choices

A

none of the other choices

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11
Q

Bankruptcy discharge is:
- illegal
- when a third party steps in to pay the debtor’s debts
- when creditors forgive all debt
- the final stage of the bankruptcy proceeding for individuals
- none of the other choices are correct

A

the final stage of the bankruptcy proceeding for individuals

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12
Q

Which of the following debts are not extinguished by a Chapter 7 bankruptcy?
- alimony and child support payments
- back taxes
- debts incurred by fraud against creditors
- fined owed to the government
- all of the other choices

A

all of the other choices

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13
Q

The primary objective of the trustee is:
- to deplete the debtor’s estate
- to protect general creditors first
- to ensure that the debtor’s exempt property is liquidated
- to maximize the amount of the debtor’s assets available for distribution to creditors
- to maximize the amount of the debtor’s assets that the trustee is paid

A

to maximize the amount of the debtor’s assets available for distribution to creditors

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14
Q

Bankruptcy proceedings hold that transfers of debtor’s property ____to the bankruptcy filing are void.
- up to 90 days prior
- up to 30 days prior
- up to 5 days prior
- up to 120 days
- up to 7 days

A

up to 90 days prior

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15
Q

The final stage of bankruptcy is known as:
- disruption in bankruptcy
- removal in bankruptcy
- distancing of the debtor
- discharge in bankruptcy
- divorce from the proceedings

A

discharge in bankruptcy

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16
Q

Which of the following debts are not extinguished by a Chapter 7 bankruptcy?
- debts owed for the purchase of “necessities”
- alimony
- debts owed for food purchases
- all of the other specific choices
- none of the other choices

17
Q

Once bankruptcy proceedings are finished, the consumer’s credit record:
- is wiped clean
- may not mention the first bankruptcy a person has had
- may note the bankruptcy for up to seven years
- may always show that the person went through a bankruptcy
- none of the other choices

A

none of the other choices

18
Q

People who have above average income are more likely to use Chapter 13 bankruptcy rather than Chapter 7.
- True
- False

19
Q

The higher the income of a bankrupt, the more likely the debts will be discharged by Chapter 7 bankruptcy rather than by debt repayment over time.
- True
- False

20
Q

Chapter 13 bankruptcy proceedings are used mainly by businesses.
- True
- False

21
Q

In Chapter 13 bankruptcy, there is a confirmation plan worked out by the trustee.
- True
- False

22
Q

Bankruptcy in Chapter 13 is usually to be completed in seven years.
- True
- False

23
Q

In an involuntary bankruptcy, the trustee files the petition for bankruptcy.
- True
- False

24
Q

The creditor is responsible for liquidating all of the debtor’s exempt property in bankruptcy proceedings.
- True
- False

25
In the priority of classes of creditors, taxes owed to the government come before any other payments. - True - False
False
26
In a bankruptcy proceeding all creditors must be paid an equal share of the assets available, according to the amount of debt owed. - True - False
False
27
After secured creditors are paid, all other creditors share the proceeds of the debtor's estate equally. - True - False
False
28
A bankruptcy is a matter of credit history record for ten years. - True - False
True
29
Just as with a Chapter 7 bankruptcy, the debt of a Chapter 13 bankrupt are discharged. - True - False
False
30
Bankruptcy in Chapter 13 is usually to be completed in five years. - True - False
True
31
Bankruptcy proceedings may be voluntary or involuntary. - True - False
True
32
Chapter 13 bankruptcy largely involved debt rescheduling. - True - False
True
33
The creditors with the highest priority in bankruptcy proceedings are the secured creditors. - True - False
True
34
Even though a person is declared bankrupt, he or she will still have to pay child support, if they have a legal obligation to do so. - True - False
True
35
Under a Chapter 11 reorganization, the debtor acts as a trustee. - True - False
True
36
Even though a person is declared bankrupt, he or she will still have to pay back student loans; they are usually not eliminated. - True - False
True
37
Under Chapter 11 proceedings, businesses are forced to sell all company assets to pay outstanding debts. - True - False
False