Day 27 Flashcards
Under Chapter 7, what effect does a bankruptcy discharge have on the judgement creditor when there is NO bankruptcy estate?
The debtor is received of any personal liability to the judgement creditor
MCQ-01343
Define: Chapter 9 bankruptcy
Is for municipal debt adjustment
MCQ-01345
Define: Chapter 11 bankruptcy
Reorganization, NO liquidation, Trustee not required
MCQ-01345
Define: Chapter 7 bankruptcy
Trustee appointed, and collects the debtors assets for liquidation
MCQ-01345
Define: Chapter 12 bankruptcy
Family farmers with regular income
MCQ-01345
What debtors qualify and don’t qualify for Chapter 11 bankruptcy?
DO: Individuals, Airlines, Railroads
DON’T: Stockbrokers, Savings and Loan Corp
MCQ-08646
MCQ-10977
Filling a valid petition in bankruptcy acts as an Automatic Stay of actions to:
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
What does the filling of a Voluntary and an Involuntary petition stop?
Stops the enforcement of all judgement liens
MCQ-01892
Who cannot be petitioned into filling an Involuntary bankruptcy?
Farmers and Non-Profit Organizations
MCQ-08884
What is a requirement to file an Involuntary petition against an individual under Chapter 7 bankruptcy?
- At least 3 creditors
- Debtor has not been paying it’s debts when they become due
MCQ-10969
MCQ-15637
A contested involuntary petition in bankruptcy will be dismissed if the debtor is?
In the business of farming
MCQ-15638
What is exempt property in the bankruptcy estate?
- Social Security
- Veterans benefits
- Unemployment comp.
- Disability comp.
MCQ-01350
When can a creditor file an Involuntary petition against the debtor under Chapter 11?
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
With regards to bankruptcy, what are fraudulent transfers?
- 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