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Which of the Following Was the Result in the Case

Question 64

Multiple Choice

Which of the following was the result in the case in the text In re Girolamo Afonica,the case in which a debtor's bankruptcy discharge was challenged by a bank that held a security interest in a vehicle that the plaintiff,without notice to the bank,transferred to a junk dealer because his ex-wife did not like it sitting in her driveway?


A) The court found that the debtor transferred the vehicle with the specific intent to hinder, delay, or defraud the plaintiff and that his discharge would be denied in total as to all debts, not just the one owed to the plaintiff bank.
B) The court found that the defendant's bankruptcy discharge would not be denied in total, but that the discharge as to the plaintiff bank's interest would be denied.
C) The court found that the defendant's bankruptcy discharge would be allowed in total, including the discharge as to the vehicle, because the bank failed to notify the defendant that he was required to provide notification prior to disposing of collateral.
D) The court found that the defendant's bankruptcy discharge would be allowed in total, including the discharge as to the vehicle, because the bank failed to prove that the defendant acted with malice.
E) The court found that the defendant's bankruptcy discharge would be allowed in total, including the discharge as to the vehicle, because the vehicle was worth less than $1,000 at the time of transfer.

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