Day 27 Flashcards

1
Q

Under Chapter 7, what effect does a bankruptcy discharge have on the judgement creditor when there is NO bankruptcy estate?

A

The debtor is received of any personal liability to the judgement creditor

MCQ-01343

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2
Q

Define: Chapter 9 bankruptcy

A

Is for municipal debt adjustment

MCQ-01345

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3
Q

Define: Chapter 11 bankruptcy

A

Reorganization, NO liquidation, Trustee not required

MCQ-01345

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4
Q

Define: Chapter 7 bankruptcy

A

Trustee appointed, and collects the debtors assets for liquidation

MCQ-01345

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5
Q

Define: Chapter 12 bankruptcy

A

Family farmers with regular income

MCQ-01345

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6
Q

What debtors qualify and don’t qualify for Chapter 11 bankruptcy?

A

DO: Individuals, Airlines, Railroads

DON’T: Stockbrokers, Savings and Loan Corp

MCQ-08646
MCQ-10977

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7
Q

Filling a valid petition in bankruptcy acts as an Automatic Stay of actions to:

A

The Automatic Stay created upon filing the petition stops any attempt from creditors to collect through garnishment of wages

NOTE: Automatic Stay DOES NOT stop the collection of alimony

MCQ-01888

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8
Q

What does the filling of a Voluntary and an Involuntary petition stop?

A

Stops the enforcement of all judgement liens

MCQ-01892

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9
Q

Who cannot be petitioned into filling an Involuntary bankruptcy?

A

Farmers and Non-Profit Organizations

MCQ-08884

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10
Q

What is a requirement to file an Involuntary petition against an individual under Chapter 7 bankruptcy?

A
  • At least 3 creditors
  • Debtor has not been paying it’s debts when they become due

MCQ-10969
MCQ-15637

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11
Q

A contested involuntary petition in bankruptcy will be dismissed if the debtor is?

A

In the business of farming

MCQ-15638

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12
Q

What is exempt property in the bankruptcy estate?

A
  • Social Security
  • Veterans benefits
  • Unemployment comp.
  • Disability comp.

MCQ-01350

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13
Q

When can a creditor file an Involuntary petition against the debtor under Chapter 11?

A

When the debtor has fewer than 12 creditors and the creditor is owed more than $18,600

NOTE: One creditor can file the involuntary petition if the above is met

MCQ-15449

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14
Q

With regards to bankruptcy, what are fraudulent transfers?

A
  • Transfers made within two years of the filling date with the intent to hinder, delay, or defraud creditors
  • Transfers where the debtor receives less than equivalent value

MCQ-05033

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