Exam 9: Selecting the Appropriate Type of Bankruptcy Fling
Exam 1: The Evolution of Bankruptcy Law17 Questions
Exam 2: Bankruptcy Law and Where to Find It25 Questions
Exam 3: The Case Characters and Their Roles in the Bankruptcy Process33 Questions
Exam 4: Information Gathering, Analysis, Counseling, and Drafting16 Questions
Exam 5: The Voluntary Chapter 7 Bankruptcy Liquidation55 Questions
Exam 6: The Chapter 13 Bankruptcy Adjustment of Debts of an Individual With Regular Income25 Questions
Exam 7: The Chapter 12 Bankruptcy Adjustment of Debts of a Family Farmer or Family Fisherman With Regular Annual Income21 Questions
Exam 8: The Voluntary Chapter 11 Bankruptcy Reorganization15 Questions
Exam 9: Selecting the Appropriate Type of Bankruptcy Fling20 Questions
Exam 10: The Involuntary Bankruptcy: Chapter 7 or Chapter 1121 Questions
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Explain why business debtors seldom select Chapter 7.
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(Essay)
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Correct Answer:
Business debtors seldom select Chapter 7, because only individuals are eligible to receive a Chapter 7 discharge. Partnerships and corporations cease to exist.
Domestic insurance companies and banks may not be debtors under the Bankruptcy Code.
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(True/False)
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Correct Answer:
True
The debtor that operates a business is eligible to file for bankruptcy under Chapters 11, 12, and 13.
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(True/False)
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Correct Answer:
False
Why would an individual debtor who operates a business prefer to reorganize under Chapter 13 rather than Chapter 11?
(Essay)
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An individual debtor may not receive a discharge under Chapter 11 until all plan payments have been made.
(True/False)
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In the calendar year ending December 31, 2004, the number of bankruptcy cases filed in the 94 bankruptcy courts across the country was ____.
(Multiple Choice)
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Name three remedies available to a debtor under Chapter 13 that are not available under Chapter 7.
(Essay)
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Not all debtors are eligible to file under all the operative chapters of the Bankruptcy Code.
(True/False)
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The operative chapter of the Bankruptcy Code for liquidation is ____.
(Multiple Choice)
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The fair-and-equitable test does not apply in Chapter 11 cases for individual debtors.
(True/False)
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For a nonbusiness debtor, discuss the factors that relate to the selection of the operative chapter of the Bankruptcy Code under which the case is filed. Include in your discussion eligibility as well as other factors.
(Essay)
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Although railroads are only eligible for Chapter 11 and stockbrokers and commodity brokers are only eligible for Chapter 7, all other business debtors are eligible to file under either Chapter 7 or Chapter 11.
(True/False)
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All business debtors except railroads, insurance companies, banks, savings and loan associations, and credit unions are eligible for Chapter 7.
(True/False)
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For a business debtor, discuss the factors that relate to the selection of the operative chapter of the Bankruptcy Code under which the case is filed. Include in your discussion eligibility as well as other factors.
(Essay)
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Explain why a business debtor may choose to liquidate under Chapter 11 rather than under Chapter 7.
(Essay)
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If a debtor operates a business and either is unable to reorganize or does not want to reorganize, the bankruptcy options are a Chapter ________ or a Chapter _________.
(Short Answer)
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