June 2nd Quiz Flashcards

1
Q

An involuntary petition in bankruptcy, if not contested will automatically result in…

A

An order of relief by bankruptcy court

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2
Q

Only if the involuntary petition in bankruptcy is contested will the creditors be required to prove either that…2

A

1 debtor not paying debts as they mature or

2 during 120 days preceding the filing of petition, custodian was
Appointed or took possession of debtor’s property

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3
Q

The Statute of Frauds requires that contracts that cannot be performed within one year be…

A

Evidenced by writing

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4
Q

Under the statute of frauds, the one year period for a contract begins…

A

From the date the contract is formed

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5
Q

A financing statement does not include…

A

The amount of obligation secured

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6
Q

A financing statement will include…

A

The address of the debtor

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7
Q

If a company has a mortgage and takes out a second mortgage. If the company defaults, who has priority?

2) what does this mean?

A

First mortgagee has priority

2) first mortgagee must be paid in full before second mortgagee
Can be paid

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