Flashcards in Chapter 7 Deck (58):
Under the Negotiable Instruments Article of the UCC, which of the endorser's liabilities are disclaimed by a "without recourse" endorsement?
Contract liability only.
Under the Negotiable Instruments Article of the UCC, which of the following statements is(are) correct regarding the requirements for an instrument to be negotiable?
To be negotiable, the instrument must meet all of the following:
Be in writing
Be signed by the maker or drawer (not drawee)
Contain an unconditional promise or order
Be for a fixed amount of money
Be payable on demand or at a definite time
Be payable to order or bearer
Contain no additional undertaking/instruction not authorized by the UCC
Which of the following instruments is subject to the provisions of the Negotiable Instruments Article of the UCC?
Checks, drafts, promissory notes and certificates of deposits are within the provisions of the Negotiable Instruments Article of the UCC (Article 3).
Under the Commercial Paper Article of the UCC, which of the following documents would be considered an order to pay?
Under the Commercial Paper Article of the UCC, which of the following circumstances would prevent a promissory note from being negotiable?
To be negotiable, a note must be payable in money and only in money. A note that allows the maker to pay by performing services is not negotiable. UCC 3-104
Under the Commercial Paper Article of the UCC, which of the following requirements must be met for a person to be a holder in due course of a promissory note?
The note must be negotiable.
Under the Negotiable Instruments Article of the UCC, which of the following parties has secondary liability on an instrument?
The drawer of a draft is secondarily liable. The drawer is liable only after the draft is presented to the drawee, the draft is dishonored, and the drawer is given notice of dishonor.
Train issued a note payable to Blake in payment of contracted services that Blake was to perform. Blake endorsed the negotiable note "pay to bearer" and delivered it to Reed in satisfaction of a debt owed Reed. Train refused to pay Reed on the note because Blake had not yet performed the services. Reed was unaware of this failure when he took the note. Under the Negotiable Instruments Article of the UCC, must Train pay Reed?
Reed met all four requirements to be a holder in due course: (i) Reed was the holder of a negotiable instrument (the note); (ii) Reed gave value (receiving from the transferor a note as payment for the transferor's debt owed to the transferee constitutes value); (iii) nothing in the facts indicates that Reed lacked good faith; and (iv) Reed had no notice of Blake's nonperformance of services. Nonperformance of services is a personal defense and not a real defense. A holder in due course takes free of personal defenses and is subject only to real defenses. Thus, Train will have to pay Reed.
What is considered a promise to pay?
A Certificate of Deposit
Under the Negotiable Instruments Article of the UCC, which of the following defenses generally may be used against all holders of negotiable instruments?
Under the Negotiable Instruments Article with respect to a holder who is not a holder in due course and who is not covered by the shelter doctrine, a maker or drawer may raise any contract defense, but the defenses that a maker or drawer can raise against a holder in due course (a holder who takes an instrument for value, in good faith, and without notice of any defenses on or claims to the instrument, and the instrument is a negotiable instrument/commercial paper) and against a holder to whom the shelter doctrine applies are limited to those commonly known as "real" defenses. One such real defense is the minority of the maker (we use the term "infancy" in class, but the two terms mean the same thing).
Under the Negotiable Instruments Article of the UCC, the proper party to whom a check is presented for payment is:
A drawer (the check writer) draws a check payable to the payee; the bank whose routing number is set forth on the bottom left of the check is the drawee.
Ashley needs to endorse a check that had been endorsed by two other individuals prior to Ashley's receipt of the check. Ashley does not want to have surety liability, so Ashley endorses the check "without recourse." Under the Negotiable Instruments Article of the UCC, which of the following types of endorsement did Ashley make?
Under the Negotiable Instruments Article of the UCC, what kind of endorsement is made by the use of the words "Lee Louis"?
The endorsement "Lee Louis" is blank because it does not name a new, specific endorsee, it is nonrestrictive because it does not have any words purporting to restrict further negotiation, and it is unqualified because it does not include the words, "without recourse."
Under the Secured Transactions Article of the UCC, which of the following purchasers will own consumer goods free of a perfected security interest in the goods?
A consumer who purchases the goods in the ordinary course of business
Under the Secured Transactions Article of the UCC, which of the following remedies is available to a secured creditor when a debtor fails to make a payment when due?
When a debtor defaults, the secured creditor can proceed against the collateral, but is not required to. Instead, the creditor can obtain a general judgment
Under the UCC Secured Transactions Article, which of the following events will always prevent a security interest from attaching?
For a security interest to attach (i) there must be an agreement to create the security interest evidenced by either an authenticated security agreement or the creditor's taking possession or control of the collateral, (ii) the creditor must give value, and (iii) the debtor must have rights in the collateral. Thus, a debtor must always have rights in the collateral in order for a security interest to attach.
Under the UCC Secured Transactions Article, which of the following after-acquired property may be attached to a security agreement given to a secured lender?
A secured party may take a security interest in both after-acquired inventory and after-acquired equipment. The only limits on the effect of after-acquired property clauses involve consumer goods and commercial tort claims
Under the UCC Secured Transactions Article, which of the following actions will best perfect a security interest in a negotiable instrument against any other party?
Because a holder in due course of a negotiable instrument has priority over a prior perfected security interest, the best way to perfect a security interest in a negotiable instrument is to take possession of it, because taking possession of the instrument prevents a later person from becoming a holder in due course.
Under the UCC Secured Transactions Article, perfection of a security interest by a creditor provides added protection against other parties in the event the debtor does not pay its debts. Which of the following parties is not affected by perfection of a security interest?
Perfection has little effect on a buyer in the ordinary course of business (such a buyer takes subject to a perfected security interest only if the buyer knows that the sale violates the security agreement).
When a security interest in collateral is perfected and the collateral is subsequently moved to another state, the collateral is temporarily perfected for how long?
After consumer goods collateral is repossessed and more than 60% of the price has been paid, unless the debtor agrees otherwise, the collateral must be ?
sold, and the creditor can hold the debtor liable for any deficiency.
Note that regarding the DEBTOR, After collateral is sold, the proceeds go first to the costs of the sale, next to satisfy the secured party, then to any other party with an interest in the collateral. Only if there is a surplus can the debtor recover any of the sale price.
Upon disposition of goods:
the costs of the sale are satisfied first, the secured party is paid next, and any junior security holders are paid next. If any proceeds remain, they are remitted to the debtor.
Winslow Co., which is in the business of selling furniture, borrowed $60,000 from Pine Bank. Winslow executed a promissory note for that amount and used all of its accounts receivable as collateral for the loan. Winslow executed a security agreement that described the collateral. Winslow did not file a financing statement. Which of the following statements best describes this transaction?
A security interest attaches when there is a security agreement (either an authenticated record of the agreement or the creditor's having either possession or control of the collateral), the creditor gives value, and the debtor has rights in the collateral. All three requirements were present when the loan here was made and the security agreement was executed.
Noninventory goods were purchased and delivered on June 15, 1993. Several security interests exist in these goods. Which of the following security interests has priority over the others?
A purchase money security interest (PMSI) in noninventory goods has priority over all other security interests in the same collateral if the PMSI is perfected within 20 days of the debtor's getting possession. Here, the PMSI was filed 9 days after the debtor got possession of the noninventory goods.
What are the three elements that must coesit for a security interest to attach?
For a security interest to attach, three elements must coexist. There must be an agreement to create a security interest (either an authenticated record of the agreement or the creditor's having either possession or control of the collateral), the secured party must give value for the interest, and the debtor must have rights in the collateral. Here, all elements existed on March 10: the parties agreed to create a security interest on March 5, the secured party gave value on March 10, and the debtor obtained an interest in the collateral on March 10 when the debtor picked up (took title to) the car.
Under the UCC Secured Transactions Article, which of the following statements is correct concerning the disposition of collateral by a secured creditor after a debtor's default?
A sale of the collateral after default to a good faith purchaser destroys subordinate interests in the collateral.
Which of the following is included within the scope of the secured transactions article of the code?
Article 9 of the Uniform Commercial Code specifically includes any sale of accounts receivable.
Under the Secured Transactions Article of the UCC, a secured party generally must comply with each of the following duties, except:
Section 404 of the "Secured Transaction" Article (Article 9 of the Uniform Commercial Code) requires the filing or sending to debtor a termination statement when the debt is paid. Section 208 of the Secured Transaction Article allows the debtor to send to the creditor a statement of the amount of the unpaid debt. The creditor must confirm the correctness of the unpaid debt within two weeks of receipt. Section 207 of the Secured Transaction Article requires the creditor to use reasonable care in storing and preserving collateral in the creditor's possession.
The debtor has no right to require the creditor to assign the security interest to another party. Only the creditor, not the debtor, has the right to assign a debt.
Under the Secured Transactions Article of the UCC, for which of the following types of collateral must a financing statement be filed in order to perfect a purchase money security interest?
By definition a purchase money security interest in inventory can only occur in one of two ways: (i) the creditor sells inventory to the debtor on credit and retains a security interest for the purchase price or (ii) the creditor lends money to the debtor so that the debtor can purchase the inventory. In either case filing is the only way to perfect when the debtor has possession of the inventory. If the debtor has possession of the inventory (which is almost always the case) the creditor cannot perfect by possession or control. In addition, the creditor cannot be automatically perfected with a purchase money security interest in inventory. Only a purchase money security interest in consumer goods is automatically perfected without the creditor's either possessing/controlling the consumer goods or filing a financing statement with respect to the consumer goods. Thus, the only way to perfect a purchase money security interest in inventory is to file a financing statement.
Under the Secured Transactions Article of the UCC, what secured transaction document must be signed by the debtor?
The security agreement must be signed or authenticated by the debtor.
Under the Secured Transactions Article of the UCC, which of the following statements is correct regarding a security interest that has not attached?
A security interest is not effective against anyone before it attaches to the collateral.
Perfection of a security interest permits the secured party to protect its interest by:
The act of "perfection" of a security interest establishes a priority over claims of most subsequent secured creditors.
A secured creditor wants to file a financing statement to perfect its security interest. Under the UCC Secured Transactions Article, which of the following must be included in the financing statement?
Under the UCC Secured Transactions Article (Article 9) a financing statement must contain a general description of the collateral in which the security interest is being sought.
A financing statement must contain the following:
(i) the name and address of the debtor and of secured party, (ii) a description or indication of the collateral covered by the financing statement, and, (iii) if the collateral is related to real property, a description of that real property.
Under Chapter 7 of the federal Bankruptcy Code, what effect does a bankruptcy discharge have on a judgment creditor when there is no bankruptcy estate?
Under Chapter 7, a discharge discharges most debts of a debtor, whether or not there is a bankruptcy estate from which to pay the debts.
The debtor is relieved of any personal liability to the judgment creditor.
A family farmer with regular annual income may file a voluntary petition for bankruptcy under any of the following Chapters of the federal Bankruptcy Code, except:
Chapter 9 is for municipal debt adjustment; a family farmer cannot seek relief under this chapter.
Chapter 7 Bankruptcy:
Chapter 7 provides for liquidation of a debtor's estate. A family farmer with regular income may seek relief under Chapter 7.
Chapter 11 Bankruptcy:
Chapter 11 is for debt reorganization and is available to family farmers with regular income.
Chapter 13 Bankruptcy:
Chapter 13 is for adjustment of debts of individuals with regular income and is available to a family farmer with regular income.
Chapter 9 Bankruptcy:
Chapter 9 is for municipal debt adjustment
Under the liquidation provisions of Chapter 7 of the federal Bankruptcy Code, certain property acquired by the debtor after the filing of the petition becomes part of the bankruptcy estate. An example of such property is:
The estate includes income generated from estate property and property the debtor receives from a bequest, devise, inheritances, property settlement, divorce, or beneficial interest in life insurance within 180 days after filing of the petition.
Under the liquidation provisions of Chapter 7 of the federal Bankruptcy Code, certain property acquired by the debtor after the filing of the petition becomes part of the bankruptcy estate. An example of such property is:
The bankruptcy estate includes property the debtor receives from a bequest, devise, inheritance, property settlement, divorce decree or beneficial interest in a life insurance policy or death benefit plan within 180 days after the filing of the petition. In addition, the estate includes any income generated by estate property (rents, interest and dividends) after the petition is filed. Earned income after the case commences is generally excluded.
A person may be petitioned involuntarily into bankruptcy if?
that person is not paying debts as they become due.
Note: If a debtor has fewer than 12 creditors, any one creditor owed more than $15,325 of unsecured debt can petition the debtor into bankruptcy.
Strong Corp. filed a voluntary petition in bankruptcy under the reorganization provisions of Chapter 11 of the Federal Bankruptcy Code. A reorganization plan was filed and agreed to by all necessary parties. The court confirmed the plan and a final decree was entered.
Which of the following statements best describes the effect of the entry of the court's final decree?
Under the Bankruptcy Code, the court's final decree results in a discharge of all debts and liabilities that arose before confirmation of the plan, except as otherwise provided in the plan, the order of confirmation, or the Bankruptcy Code.
Deft, CPA, is an unsecured creditor of Golf Co. for $16,000. Golf has a total of 10 creditors, all of whom are unsecured. Golf has not paid any of the creditors for three months. Under Chapter 11 of the Federal Bankruptcy Code, which of the following statements is correct?
When there are fewer than 12 unsecured creditors, any one creditor who is owed $15,325 (as adjusted for inflation) in unsecured debt or more may file an involuntary petition in bankruptcy.
Which of the following claims will not be discharged in bankruptcy?
Money owed as alimony is not discharged in bankruptcy.
Under the reorganization provisions of Chapter 11 of the Federal Bankruptcy Code, after a reorganization plan is confirmed, and a final decree closing the proceedings entered, which of the following events usually occurs?
After the reorganization plan is confirmed, the debtor is released from debts except as provided in the plan or by law.
The filing of an involuntary bankruptcy petition under the Federal Bankruptcy Code:
The filing of a petition in bankruptcy invokes an automatic stay against all attempts to collect on most debts of the debtor. (i.e., temporarily prevents their enforcement).
Which of the following transfers by a debtor, within ninety days of filing for bankruptcy, could be set aside as a preferential payment?
A transfer of the debtor's property to or for the benefit of a creditor for an antecedent debt at a time when the debtor was insolvent and within 90 days of filing the bankruptcy petition constitutes a preference if the transfer gives the transferee more than the transferee would have obtained under the Bankruptcy Code. Prepayment of an installment loan falls within this description. This transaction does not qualify for the exception for payment of ordinary business because the prepayment is not under the usual terms of the contract.
Which of the following statements is correct with respect to the reorganization provisions of Chapter 11 of the Federal Bankruptcy Code?
Under Bankruptcy Code Section 303, creditors may petition a debtor involuntarily into a Chapter 11 bankruptcy reorganization proceeding.
Which of the following types of claims would be paid first in the distribution of a bankruptcy estate under the liquidation provisions of Chapter 7 of the Federal Bankruptcy Code if the petition was filed July 15, Year 3?
All perfected security interests are paid first. Since the security interest here was filed more than 90 days before the bankruptcy, this event does not constitute a voidable preference.
Under the federal Bankruptcy Code, which of the following rights or powers does a trustee in bankruptcy not have?
A trustee in bankruptcy is treated as a hypothetical lien creditor on all of the debtor's property as of the date the bankruptcy petition is filed. The trustee is subordinate to all prior perfected security interests, including statutory liens that were effective prior to the filing of the bankruptcy petition.
On April 1, Roe borrowed $100,000 from Jet to pay Roe's business expenses. On June 15, Roe gave Jet a signed security agreement and financing statement covering Roe's inventory. Jet immediately filed the financing statement. On July 1, Roe filed for bankruptcy. Under the federal Bankruptcy Code, can Roe's trustee in bankruptcy set aside Jet's security interest in Roe's inventory?
A trustee in bankruptcy has the power to set aside preferences, which generally may be defined as a transfer that: (i) is made for the benefit of a creditor on account of an antecedent debt, (ii) is made within 90 days of the filing of the bankruptcy petition, (iii) is made while the debtor was insolvent (presumed within the 90-day period), and (iv) enables the creditor to get more than the creditor would have received in the bankruptcy proceeding. Here, the loan was made on April 1, creating a debt as of that date. The security interest was given on June 15. So, all four requirements are present, and the security interest can therefore be set aside by the trustee.
Which of the following statements is not true under Chapter 15 of the United States Bankruptcy Code?
This statement is not true. Although discrimination against foreign interests generally is prohibited, discrimination is allowed with regard to certain foreign government tax liens. All of the other statements are true.
Karen sells her one-year-old sports car to her mother for $100. The next week, Karen files for bankruptcy under Chapter 7. Regarding the sale of the car, the trustee may:
Transfers made within two years of the filing date with an intent to hinder, delay, or defraud creditors or any transfer where the debtor received less than equivalent value while the debtor was insolvent are fraudulent transfers and may be set aside by the trustee. A one year old car typically is worth far more than $100, and because Karen filed for bankruptcy the next week, she likely was insolvent when she made the transfer.
Which of the following types of debtor are not eligible for relief under Chapter 11 of the Bankruptcy Code?
Although both individuals and corporations are generally eligible for relief under Chapter 11, stockbrokers are specifically excluded.
What does "contemporaneous exchange" mean?
This is something that usually applies to when someone has filed for bankruptcy. Quick's paid Kray 100,000 for inventory. This would not be voidable because even though payment occurred during the 90-day preference period, it was a "contemporaneous exchange" of equivalent value and therefore not a preference. Example is: Kray paid 100,000 for inventory he received.