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If a Debtor Has a Defense to the Payment of a Debt,can

Question 15

Multiple Choice

If a debtor has a defense to the payment of a debt,can a surety or guarantor avoid paying the debt on the basis of the debtor's defense?


A) yes in the case of sureties, but not in the case of guarantors
B) yes in the case of breach of contract, but not in the case of a discharge in bankruptcy
C) yes in the case of a discharge in bankruptcy, but not in the case of breach of contract
D) yes, in the case of any defense
E) no, in the case of any defense

Correct Answer:

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