Exam 21: Creditors Rights and Bankruptcy
Exam 1: Legal Foundations80 Questions
Exam 2: Business and the Constitution80 Questions
Exam 3: The American Judicial System, Jurisdiction, and Venue80 Questions
Exam 4: Resolving Disputes: Litigation and Alternative Dispute Resolution Options80 Questions
Exam 5: Business, Societal, and Ethical Contexts of Law80 Questions
Exam 6: Overview and Language of Contracts80 Questions
Exam 7: Contract Formation80 Questions
Exam 8: Contract Performance: Conditions, Breach, and Remedies80 Questions
Exam 9: Contracts for the Sale of Goods80 Questions
Exam 10: Torts and Products Liability80 Questions
Exam 11: Agency80 Questions
Exam 12: Employment Relationships and Labor Law80 Questions
Exam 13: Employment Discrimination80 Questions
Exam 14: Choice of Business Entity, Sole Proprietorships, and Partnerships80 Questions
Exam 15: Limited Liability Companies and Limited Liability Partnerships79 Questions
Exam 16: Corporations80 Questions
Exam 17: Regulation of Securities, Corporate Governance, and Financial Markets80 Questions
Exam 18: Administrative Law80 Questions
Exam 19: Environmental Law and Policy80 Questions
Exam 20: Antitrust and Regulation of Competition80 Questions
Exam 21: Creditors Rights and Bankruptcy79 Questions
Exam 22: Consumer Protection Law80 Questions
Exam 23: Criminal Law and Procedure in Business80 Questions
Exam 24: Personal Property, Real Property, and Land Use Law80 Questions
Exam 25: Intellectual Property80 Questions
Exam 26: International Law and Global Commerce80 Questions
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How does a secured creditor establish his or her rights to the collateral securing a first-priority position?
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(Essay)
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Correct Answer:
A secured creditor must perfect his or her interest in order to be best protected. Under the UCC there are three ways a creditor may perfect. The first of these is through physical possession of the collateral. Another way is by filing an official notice statement with a state or local government office. The final way to perfect is to take legal control of the collateral.
Whose only legal remedy is to bring a lawsuit against a borrower to try to recover the money loaned?
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(Multiple Choice)
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Correct Answer:
B
A ________ allows the debtor in possession to avoid any obligation that he or she would otherwise be forced to perform.
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(Short Answer)
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Correct Answer:
strong-arm clause
Before an individual is allowed to file for bankruptcy, he or she must complete a short credit-counseling seminar.
(True/False)
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Properties owned by businesses are eligible for mortgage refinancing under the Mortgage Forgiveness Debt Relief Act.
(True/False)
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What is the standard that an individual must meet in order to file for Chapter 7 bankruptcy?
(Multiple Choice)
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Unsecured creditors may seize any asset of the borrower once they have a debt collection judgment.
(True/False)
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If a person cosigns a loan as a guarantor, that person becomes primarily liable for the debt.
(True/False)
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Fast Feet, a manufacturer of running shoes, gave merchandise on credit to Rick's Running for its store. Rick's is required to sign an agreement that describes the merchandise as collateral and specifies that Rick's will pay Fast Feet weekly based on the sales of the shoes. Fast Feet files a statement of notice with the appropriate government agency. Based on these facts, what kind of creditor is Fast Feet, and why?
(Essay)
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In liquidation secured creditors are paid first and in full as long as the value of the collateral equals or exceeds the value of their security interests.
(True/False)
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An ________ stops creditors from pursuing their collection actions.
(Short Answer)
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The order of payment for unsecured creditors in bankruptcy is specified in the state's UCC statutes.
(True/False)
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A Chapter 11 debtor may use bankruptcy as an excuse for not performing contractual obligations.
(True/False)
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The bankruptcy trustee is appointed to represent the creditors' interests.
(True/False)
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What has Congress done to try to prevent individuals from abusing bankruptcy protections?
(Essay)
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A ________ is a contract that specifies the parties, describes the collateral, states the obligations of the debtor, and states the remedies available to the secured party.
(Short Answer)
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