Exam 36: Bankruptcy
A trustee can void any transfer that meets all of the following requirements EXCEPT
B
Under the federal Bankruptcy Code,the exemption amount for the debtor's personal residence is
A
Artistic Framing,a business with $120,000 of unsecured debt,needs to file for bankruptcy but wants to continue in business.Discuss what chapter of the Bankruptcy Code should be used,and explain the plan of reorganization that should be used.
If Artistic wants to continue in business,it should file under a reorganization chapter (Chapters 11 or 13)rather than a liquidation chapter (Chapter 7).Although its purpose is to rehabilitate the debtor through reorganization,Chapter 13 is available only to individual debtors with a regular source of income.It is not available to businesses.Chapter 11 is the appropriate chapter for Artistic.Artistic becomes the debtor in possession and,in effect,serves as trustee.Once the bankruptcy petition is filed,an automatic stay goes into effect to provide the debtor with temporary relief from creditors.The next stage is to develop a plan of reorganization that provides for the payment of debts and the continuation of the business. For the first 120 days (which the court can extend up to 18 months),the debtor has the exclusive right to propose a plan.If the debtor fails to file a plan,or if the court rejects it, then creditors and shareholders can develop their own plan.
Francesca cannot serve as a trustee in a bankruptcy case because she is not a lawyer.
Which of the following statements concerning a Chapter 11 reorganization plan is true?
Generally,filing bankruptcy stops the collection activity of creditors.
Alimony and child support obligations are considered priority claims.
Creditor claims are divided into classes,and the highest class must be satisfied in full before going to the next category.
The Bankruptcy Code uses the term "debtor" to refer to a person who cannot pay his debts.
In a Chapter 13 bankruptcy,creditors cannot force a debtor into bankruptcy;nor can they vote to confirm or reject a plan of reorganization.
When Dudley files his Chapter 7 petition,he lists the following debts:
How will each of these debts be treated by the bankruptcy court.
a.$25,000 in back child support and alimony
b.$15,000 for liabilities incurred after drinking and driving
c.$10,000 for past-due student loans
d.$5,000 for past-due rent to his landlord
e.$550 for a past-due phone bill
Shoe Sunshine,Inc.filed for bankruptcy protection under Chapter 11 and submitted a plan of reorganization within 120 days after filing for relief.Two of the classes of creditors voted against the plan.However,the bankruptcy judge considered the plan to be feasible,fair,and in the best interests of the creditors;the judge approved it in spite of these creditors' objections.This action by the judge is called a "cramdown."
Iris received a discharge under a Chapter 7 bankruptcy.She cannot receive another discharge under Chapter 7 for at least
Debts that cannot be discharged in bankruptcy include all EXCEPT
A form stating the name of an unsecured creditor and the amount of the claim against the debtor is called a(n)
Individual debtors are allowed to keep some assets in a Chapter 7 bankruptcy.
Brad was having financial difficulties and thought bankruptcy might be in his future.He transferred his sports car to his brother with the agreement that if he didn't file for bankruptcy within the next 18 months,his brother would return the car to him.Brad did file for bankruptcy in 10 months.The bankruptcy trustee can void the transfer and bring the car back into Brad's estate for the purpose of providing assets for Brad's creditors.
Grand Lighting Co.has filed a petition for voluntary bankruptcy under Chapter 7 of the Code.Which of the following will prohibit creditors from collecting debts that Grand Lighting incurred before the petition was filed?
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