Exam 38: Bankruptcy
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Fritz is seriously considering bankruptcy because he has a large number of outstanding debts,the principal ones of which are as follows: (1)he owes his ex-wife $25,000 in back alimony and child support; (2)he owes $20,000 in guaranteed student loans; (3)he has a lawsuit pending against him in which his ex-girlfriend is asking for $50,000 in damages (the suit is based upon the intentional tort of battery and arises from an incident in which Fritz got mad at his girlfriend and hit her);and (4)he owes the First Bank $20,000 for the loan securing his new sports car.Should Fritz file for bankruptcy?
(Essay)
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One creditor of a debtor may file a bankruptcy petition as long as the debtor owes him more than $5,000 in unsecured claims.
(True/False)
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A receiver is a disinterested person who collects and preserves the debtor's assets and income and disposes of them at the direction of the court which appointed the receiver.
(True/False)
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The court will order the appointment of a trustee in a Chapter 11 proceeding only for cause or if the appointment is in the interests of creditors or equity security holders.
(True/False)
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A court will not grant a discharge under Chapter 7 to a debtor who:
(Multiple Choice)
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An automatic stay will prevent a creditor from creating a lien against the debtor's property.
(True/False)
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The 1994 amendments to the Bankruptcy Code require that the U.S.Judicial Conference adjust for inflation the dollar amounts of certain provisions of the Code every:
(Multiple Choice)
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Under exemptions in the Bankruptcy Code,a debtor may keep both $23,675 in equity in a residence and up to $3,775 in equity in a motor vehicle.
(True/False)
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A court may confirm a Chapter 11 plan of reorganization that is not accepted by all classes of creditors if:
(Multiple Choice)
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All but which one of the following would be exempt from bankruptcy under the federal law?
(Multiple Choice)
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Which chapter of the Bankruptcy Code allows for the adjustment of debts of an individual with regular income?
(Multiple Choice)
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No private employer may terminate the employment of or discriminate with respect to employment against an individual solely because he is or has been a debtor under the Bankruptcy Code.
(True/False)
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All of the following are dischargeable in bankruptcy EXCEPT:
(Multiple Choice)
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The estate of a debtor includes wages earned after commencement of a Chapter 7 liquidation proceeding.
(True/False)
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