Incorrect Questions 2 Flashcards
Which of the following statements is (are) correct regarding debtors’ rights?
I. State exemption statutes prevent all of a debtor’s personal property from being sold to pay a federal tax lien.
II. Federal Social Security benefits received by a debtor are exempt from garnishment by creditors.
A. I only. B. II only. C. Both I and II. D. Neither I nor II.
B. II only.
Exemption statutes never apply to all personal property. They may exempt selected items, such as a computer, clothes, bibles, trade equipment, and furniture. A creditor cannot seize any and every asset to satisfy a debt. Social Security benefits are exempt from garnishment.
Dart Inc., a closely held corporation, was petitioned involuntarily into bankruptcy under the liquidation provisions of Chapter 7 of the Federal Bankruptcy Code. Dart contested the petition.
Dart has not been paying its business debts as they became due, has defaulted on its mortgage loan payments, and owes back taxes to the IRS. The total cash value of Dart’s bankruptcy estate after the sale of all assets and payment of administration expenses is $100,000.
Dart has the following creditors:
- Fracon Bank is owed $75,000 principal and accrued interest on a mortgage loan secured by Dart’s real property. The property was valued at and sold, in bankruptcy, for $70,000.
- The IRS has a $12,000 recorded judgment for unpaid corporate income tax.
- JOG Office Supplies has an unsecured claim of $3,000 that was timely filed.
- Nanstar Electric Co. has an unsecured claim of $1,200 that was not timely filed.
- Decoy Publications has a claim of $14,000, of which $2,000 is secured by Dart’s inventory that was valued and sold, in bankruptcy, for $2,000. The claim was timely filed.
Which of the following statements would correctly describe the result of Dart’s opposing the petition?
A. Dart will win because the petition should have been filed under Chapter 11. B. Dart will win because there are not more than 12 creditors. C. Dart will lose because it is not paying its debts as they become due. D. Dart will lose because of its debt to the IRS.
C. Dart will lose because it is not paying its debts as they become due.
A challenge will fail if debts are not paid as they become due. It will also fail if a receiver was appointed to take control of the debtor’s property within 120 days prior to the filing of the involuntary petition.
Which of the following conditions, if any, must a debtor meet to file a voluntary bankruptcy petition under Chapter 7 of the Federal Bankruptcy Code?
Insolvency Three or more creditors
Yes Yes
Yes No
No Yes
No No
Insolvency No
Three or more creditors No
To file for bankruptcy under Chapter 7 of the Federal Bankruptcy Code, an individual must
A. Have debts of any amount.
B. Be insolvent.
C. Be indebted to more than three creditors.
D. Have debts in excess of $5,000.
A. Have debts of any amount.
Debts must exist in some amount. Otherwise, there is nothing from which a person needs protection. However, there is no minimum amount of debt. So long as the filing is not a “substantial abuse of the process,” as when a millionaire tries to declare bankruptcy based on minor credit card debts, the filing is valid.
Which of the following statements is correct concerning the voluntary filing of a petition in bankruptcy?
A. If the debtor has 12 or more creditors, the unsecured claims must total at least $5,000.
B. The debtor must be insolvent.
C. If the debtor has fewer than 12 creditors, the unsecured claims must total at least $5,000.
D. The petition may be filed jointly by spouses.
D. The petition may be filed jointly by spouses.
The filing of an involuntary bankruptcy petition under the Federal Bankruptcy Code
A. Terminates liens on exempt property.
B. Terminates all security interests in property in the bankruptcy estate.
C. Stops the debtor from incurring new debts.
D. Stops the enforcement of judgment liens against property in the bankruptcy estate.
D. Stops the enforcement of judgment liens against property in the bankruptcy estate.
On August 1, 2004, Hall files a voluntary petition under Chapter 7 of the Federal Bankruptcy Code.
Hall’s assets are sufficient to pay general creditors 40% of their claims.
The following transactions occurred before the filing:
- On May 15, 2004, Hall gave a mortgage on Hall’s home to National Bank to secure payment of a loan National had given Hall two years earlier. When the loan was made, Hall’s twin was a National employee.
- On June 1, 2004, Hall purchased a boat from Olsen for $10,000 cash.
- On July 1, 2004, Hall paid off an outstanding credit card balance of $500. The original debt had been $2,500.
The credit card payment was
A. Preferential, because the payment was made within 90 days of the filing of the petition. B. Preferential, because the payment was on account of an antecedent debt. C. Not preferential, because the payment was for a consumer debt of less than $5,000 ($5,475 after August 2007). D. Not preferential, because the payment was less than 40% of the original debt.
C. Not preferential, because the payment was for a consumer debt of less than $5,000 ($5,475 after August 2007).
This looks like a preferential payment, but is not, because it falls within an exception to the general rule. Consumer debts of up to $5,475 may be made without showing a preference, as can alimony and child support payments.
If the payment were $5,475 or more, then the 90-day rule would make the payment preferential, because the credit card balance was an antecedent debt, or one that existed when the bankruptcy was filed.
On August 1, 2004, Hall files a voluntary petition under Chapter 7 of the Federal Bankruptcy Code.
Hall’s assets are sufficient to pay general creditors 40% of their claims.
The following transactions occurred before the filing:
- On May 15, 2004, Hall gave a mortgage on Hall’s home to National Bank to secure payment of a loan National had given Hall two years earlier. When the loan was made, Hall’s twin was a National employee.
- On June 1, 2004, Hall purchased a boat from Olsen for $10,000 cash.
- On July 1, 2004, Hall paid off an outstanding credit card balance of $500. The original debt had been $2,500.
The National mortgage was
A. Preferential, because National would be considered an insider. B. Preferential, because the mortgage was given to secure an antecedent debt. C. Not preferential, because Hall is presumed insolvent when the mortgage was given. D. Not preferential, because the mortgage was a security interest.
B. Preferential, because the mortgage was given to secure an antecedent debt.
A debtor who declares bankruptcy may not give one creditor better treatment than others. Any payment or security interest made to a particular creditor within 90 days of declaring bankruptcy is a preferential payment if the payment is made on an antecedent debt.
An antecedent debt is one that existed at the time bankruptcy was declared.
On February 28, 2005, Master, Inc. has total assets with a fair market value of $1.2mn and total liabilities of $990,000.
On January 15, 2005, Master made a monthly installment-note payment to Acme Distributors Corp., a creditor holding a properly perfected security interest in equipment, having a fair market value greater than the balance due on the note. On March 15, 2005, Master voluntarily files a petition in bankruptcy under the liquidation provisions of Chapter 7 of the Federal Bankruptcy Code. One year later, the equipment is sold for less than the balance due on the note to Acme.
Master’s payment to Acme could
A. Be set aside as a preferential transfer, because the fair market value of the collateral was greater than the installment-note balance. B. Be set aside as a preferential transfer, unless Acme showed that Master was solvent on January 15, 2005. C. Not be set aside as a preferential transfer, because Acme was oversecured. D. Not be set aside as a preferential transfer if Acme showed that Master was solvent on March 15, 2005.
C. Not be set aside as a preferential transfer, because Acme was oversecured.
A payment is not preferential if it is not more than the creditor would have received in a bankruptcy proceeding. Since Acme has a perfected security interest, its rights are unaffected by the bankruptcy proceeding, and it retains the right to receive repayment of its debt without having the payments set aside.
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
A. Municipal-bond interest received by the debtor within 180 days of the filing of the petition. B. Alimony received by the debtor within one year of the filing of the petition. C. Social Security payments received by the debtor within 180 days of the filing of the petition. D. Gifts received by the debtor within one year of the filing of the petition.
A. Municipal-bond interest received by the debtor within 180 days of the filing of the petition.
A debtor’s estate in bankruptcy consists of all tangible and intangible property of the debtor held at the commencement of the bankruptcy proceedings. In addition, the estate consists of any after-acquired income from such property.
Therefore, interest from municipal bonds (held as part of the estate) also becomes part of the estate. Any gifts received within 180 days of the filing the petition also become part of the estate. All other payments received after the filing of the petition are not considered income from the existing debtor’s (bankruptcy) estate.
Dart Inc., a closely held corporation, is petitioned involuntarily into bankruptcy under the liquidation provisions of Chapter 7 of the Federal Bankruptcy Code. Dart contests the petition.
Dart has not been paying its business debts as they become due, has defaulted on its mortgage-loan payments, and owes back-taxes to the IRS. The total cash value of Dart’s bankruptcy estate after the sale of all assets and payment of administration expenses is $100,000.
Dart has the following creditors:
Fracon Bank is owed $75,000 principal and accrued interest on a mortgage loan secured by Dart’s real property. The property was valued at and sold, in bankruptcy, for $70,000.
- The IRS has a $12,000 recorded judgment for unpaid corporate income tax.
- JOG Office Supplies has an unsecured claim of $3,000 that was filed in timely fashion.
- Nanstar Electric Co. has an unsecured claim of $1,200 that was not timely filed.
- Decoy Publications has a claim of $14,000, of which $2,000 is secured by Dart’s inventory that was valued and sold, in bankruptcy, for $2,000. The claim was filed in timely fashion.
Which of the following events will follow the filing of the Chapter 7 involuntary petition?
A trustee will be appointed A stay against creditor-collection proceedings will go into effect Yes Yes Yes No No Yes No No
A trustee will be appointed Yes
A stay against creditor-collection proceedings will go into effect Yes
A trustee will be appointed and charged with liquidating assets in the best interests of the creditors. A stay against creditor collection is automatically issued upon filing of the involuntary petition, and will prohibit all creditors from commencing other legal actions to receive payments for debts owed.
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 were filed July 15, 2008?
A. A secured debt properly perfected on March 20, 20x8.
B. Inventory purchased and delivered August 1, 20x8.
C. Employee wages due April 30, 20x8.
D. Federal tax lien filed June 30, 20x8.
A. A secured debt properly perfected on March 20, 20x8.
The perfected secured creditors will take first.
Dart Inc., a closely held corporation, is petitioned involuntarily into bankruptcy under the liquidation provisions of Chapter 7 of the Federal Bankruptcy Code. Dart contests the petition.
Dart has not been paying its business debts as they become due, has defaulted on its mortgage-loan payments, and owes back-taxes to the IRS. The total cash value of Dart’s bankruptcy estate after the sale of all assets and payment of administration expenses is $100,000.
Dart has the following creditors:
- Fracon Bank is owed $75,000 principal and accrued interest on a mortgage loan secured by Dart’s real property. The property was valued at and sold, in bankruptcy, for $70,000.
- The IRS has a $12,000 recorded judgment for unpaid corporate income tax.
- JOG Office Supplies has an unsecured claim of $3,000 that was filed in timely fashion.
- Nanstar Electric Co. has an unsecured claim of $1,200 that was not filed in a timely fashion.
- Decoy Publications has a claim of $14,000, of which $2,000 is secured by Dart’s inventory that was valued and sold, in bankruptcy, for $2,000. The claim was filed in a timely fashion.
Assume that the bankruptcy estate was distributed.
What total dollar amount would Fracon Bank receive on its secured and unsecured claims?
A. $70,000 B. $72,000 C. $74,000 D. $75,000
C. $74,000
Of the $100,000, the first $70,000 will go to Fracon Bank, as that money was generated by the sale of the house in which they had a security interest. This leaves Fracon with an additional $5,000 in general debt. The next $2,000 will similarly go to Decoy as money raised from the sale of their security interest. This leaves $28,000. The next $12,000 will go to the IRS to satisfy their recorded judgment, leaving $16,000. All taxes are paid before general creditors are paid. The final $16,000 is divided pro rata among remaining creditors, since there is not enough to pay all of them in full. However, all general creditors who have filed a claim in a timely fashion must be fully repaid before those who have not filed in a timely fashion are paid anything. So, we have $20,000 of total general creditors’ claims, and $16,000 to pay them. Each will take 80% of their unsecured claims. Fracon will take 80% of $5,000, or $4,000. This will be added to the $70,000 already received, to get the total of $74,000.
On February 28, 2005, Master, Inc. has total assets with a fair market value of $1.2mn and total liabilities of $990,000.
On January 15, 2005, Master made a monthly installment-note payment to Acme Distributors Corp., a creditor holding a properly perfected security interest in equipment having a fair market value greater than the balance due on the note.
On March 15, 2005, Master voluntarily files a petition in bankruptcy under the liquidation provisions of Chapter 7 of the Federal Bankruptcy Code. One year later, the equipment was sold to Acme for less than the balance due on the note .
Which of the following statements correctly describes Acme’s distribution from Master’s bankruptcy estate?
A. Acme will receive the total amount it is owed, even if the proceeds from the sale of the collateral were less than the balance owed by Master. B. Acme will have the same priority as unsecured general creditors, to the extent that the proceeds from the sale of its collateral are insufficient to satisfy the amount owed by Master. C. The total proceeds from the sale of the collateral will be paid to Acme, even if they are less than the balance owed by Master, provided there is sufficient cash to pay all administrative costs associated with the bankruptcy. D. Acme will receive only the proceeds from the sale of the collateral in full satisfaction of the debt owed by Master.
B. Acme will have the same priority as unsecured general creditors, to the extent that the proceeds from the sale of its collateral are insufficient to satisfy the amount owed by Master.
If this sale does not generate enough to cover the entire debt, then Acme becomes a general creditor for that portion of the debt. A perfected secured creditor only has a special priority right to the security interest, or collateral. When the collateral has been disposed of, it must wait in line for further payments with everyone else.
In a voluntary bankruptcy proceeding under Chapter 7 of the Federal Bankruptcy Code, which of the following claims, filed within 90 days of the filing for bankruptcy, will be paid first?
A. Unsecured federal taxes.
B. Utility bills up to $1,000.
C. Voluntary contributions to employee benefit plans.
D. Employee vacation and sick pay up to $2,000 per employee.
D. Employee vacation and sick pay up to $2,000 per employee.
Under Chapter 7 of the Federal Bankruptcy Code, what affect does a bankruptcy discharge have on a judgment creditor when there is no bankruptcy estate?
A. The judgment creditor’s claim is non-dischargeable.
A judgment creditor’s debt is dischargeable and therefore is not on the statutory list of non-dischargeable debts.
B. The judgment creditor retains a statutory lien against the debtor.
C. The debtor is relieved of any personal liability to the judgment creditor.
D. The debtor is required to pay a liquidated amount to vacate the judgment.
C. The debtor is relieved of any personal liability to the judgment creditor.
Unless the debtor has been denied a discharge decree owing either to an act of the debtor (such as fraud, intentional concealment of assets, and the like), or where, by statute, the debt is not discharged (such as in the case of unpaid taxes), the discharge decree releases the debtor from personal liability for debts owed to his or her creditors.
A judgment creditor’s debt is dischargeable and therefore is not on the statutory list of non-dischargeable debts.
Which of the following claims will not be discharged in bankruptcy?
A. A claim that arises from alimony or maintenance.
B. A claim that arises out of the debtor’s breach of a contract.
C. A claim brought by a secured creditor that remains unsatisfied after the sale of the collateral.
D. A claim brought by a judgment creditor whose judgment resulted from the debtor’s negligent operation of a motor vehicle.
A. A claim that arises from alimony or maintenance.
Many items are not discharged in a bankruptcy proceeding. Among them are government fines, taxes, some student loans, alimony, child support, and maintenance debts.
Which of the following claims will not be discharged in bankruptcy?
A. A claim that arises from alimony or maintenance.
B. A claim that arises out of the debtor’s breach of a contract.
C. A claim brought by a secured creditor that remains unsatisfied after the sale of the collateral.
D. A claim brought by a judgment creditor whose judgment resulted from the debtor’s negligent operation of a motor vehicle.
A. A claim that arises from alimony or maintenance.
Many items are not discharged in a bankruptcy proceeding. Among them are government fines, taxes, some student loans, alimony, child support, and maintenance debts.
Which of the following acts by a debtor could result in a bankruptcy court revoking the debtor’s discharge?
I. Failure to list one creditor.
II. Failure to answer correctly material questions on the bankruptcy petition.
A. I only. B. II only. C. Both I and II. D. Neither I nor II.
B. II only.
A discharge is usually final. It will be revoked only if later evidence suggests that the debtor acted fraudulently or intentionally misled the bankruptcy court. Failure to list one creditor is probably not a fraudulent action, particularly if there are many creditors. Failing to answer important questions honestly and accurately may well indicate fraud.
Which of the following claims will not be discharged in bankruptcy?
A. A claim that arises from alimony or maintenance.
B. A claim that arises out of the debtor’s breach of a contract.
C. A claim brought by a secured creditor that remains unsatisfied after the sale of the collateral.
D. A claim brought by a judgment creditor whose judgment resulted from the debtor’s negligent operation of a motor vehicle.
A. A claim that arises from alimony or maintenance.
Under the Federal Age Discrimination in Employment Act, which of the following practices would be prohibited?
Compulsory retirement of employees over the age of 65. Termination of employees between the ages of 65 and 70 for cause.
Yes Yes
Yes No
No Yes
No No
Compulsory retirement of employees over the age of 65. Yes
Termination of employees between the ages of 65 and 70 for cause. No
The Act prevents the WRONGFUL discharge of older workers. It is wrongful to fire someone or force his/her retirement simply because (s)he is older, just as it is wrongful to fire someone because of his/her race or religion. The Act, however, does not prohibit firing workers for legitimate reasons, such as incompetence. It does not guarantee perpetual employment for the elderly.
Under the Federal Age Discrimination in Employment Act, which of the following practices is prohibited?
A. Termination of employees between the ages of 65 and 70 for cause.
B. Mandatory retirement of any employee.
C. Unintentional age discrimination.
D. Termination of employees as part of a rational business decision.
C. Unintentional age discrimination.
Nelson Corporation is a big firm that wishes to be a good corporate citizen and certainly wants to obey the law. Nelson consults with an outside law firm that counsels Nelson regarding its ADA responsibilities. Which of the following is Nelson likely to be told it must be ready to do to accommodate disabled employees?
A. Provide adaptive hardware.
B. Hire readers or interpreters.
C. Provide part-time or modified work schedules.
D. A, B, and C.
D. A, B, and C.
Rocky has an unusual number of conditions that make him a difficult employee. Which of the following conditions are protected from discrimination by the ADA? A. Muscular dystrophy. B. Transvestitism. C. Kleptomania. D. All of the above.
A. Muscular dystrophy.
An examination of the statute indicates that, of those conditions listed in this question, only muscular dystrophy is a protected condition.