R7-3 Flashcards
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?
a.
The debtor is relieved of any personal liability to the judgment creditor.
b.
The judgment creditor’s claim is nondischargeable.
c.
The debtor is required to pay a liquidated amount to vacate the judgment.
d.
The judgment creditor retains a statutory lien against the debtor.
Choice “a” is correct. 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.
Choices “b”, “d”, and “c” are incorrect, per the above.
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:
a.
13
b.
11
c.
7
d.
9
Choice “d” is correct. Chapter 9 is for municipal debt adjustment; a family farmer cannot seek relief under this chapter.
Choice “c” is incorrect. Chapter 7 provides for liquidation of a debtor’s estate. A family farmer with regular income may seek relief under Chapter 7.
Choice “b” is incorrect. Chapter 11 is for debt reorganization and is available to family farmers with regular income.
Choice “a” is incorrect. Chapter 13 is for adjustment of debts of individuals with regular income and is available to a family farmer with regular income.
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.
Wages earned by the debtor within one year after the filing of the petition.
b.
Inheritances received by the debtor within 180 days after the filing of the petition.
c.
Social Security payments received by the debtor within 180 days after the filing of the petition.
d.
Child support payments received by the debtor within one year after the filing of the petition.
Explanation
Choice “b” is correct. 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.
Choices “d”, “c”, and “a” are incorrect, per the above. The income described in these choices does not become part of the bankruptcy estate.
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 after the filing of the petition.
b.
Alimony received by the debtor within one year after the filing of the petition.
c.
Gifts received by the debtor within one year after the filing of the petition.
d.
Social Security payments received by the debtor within 180 days after the filing of the petition.
Choice “a” is correct. 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.
Choice “b” is incorrect. Alimony, support or maintenance is exempt property.
Choice “d” is incorrect. Government benefits, such as social security, veterans benefits, unemployment comp. and disability, are exempt property.
Choice “c” is incorrect. Certain gifts received within 180 days after the petition is filed are included within the estate, but the one-year period here too long.
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 $104,000.
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 $2,000 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 $20,000, 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 creditors must join in the filing of the involuntary petition?
I.
JOG Office Supplies
II.
Nanstar Electric Co.
III.
Decoy Publications.
a.
II & III.
b.
III only.
c.
I, II, & III.
d.
I & II.
Choice “b” is correct. If a person has fewer than 12 creditors, any one or more of them with unsecured and undisputed claims that aggregate at least $15,325 more than the value of any collateral securing the claim may file the petition. Decoy Publications has a claim for $18,000 beyond its security. JOG Office Suppliers’ claim is for $2,000, not enough by itself to justify filing and unnecessary if Decoy files. Similarly, Nanstar is owed only $1,200, not enough by itself to justify filing and unnecessary if Decoy files.
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 $104,000.
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 $2,000 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 $20,000, 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 there are not more than 12 creditors.
b.
Dart will win because the petition should have been filed under Chapter 11.
c.
Dart will lose because of its debt to the IRS.
d.
Dart will lose because it is not paying its debts as they become due.
Choice “d” is correct. A person may be petitioned involuntarily into bankruptcy if that person is not paying debts as they become due.
Choice “b” is incorrect. Chapter 7 liquidations are available to liquidate a business. Chapter 11 is used only to restructure debt.
Choice “a” is incorrect. 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.
Choice “c” is incorrect. There is no special provision prohibiting opposition to an involuntary bankruptcy petition merely because one creditor is the IRS.
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 $104,000.
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 $2,000 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 $20,000, 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 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
a.
No
Yes
b.
No
No
c.
Yes
Yes
d.
Yes
No
Choice “c” is correct. In a liquidation proceeding, after the petition is filed, a trustee will be appointed, and unless within twenty days after the filing of the creditor’s petition the debtor objects to the petition, an automatic stay against creditor collection proceedings goes into effect. On the other hand, if the debtor files the petition, the automatic stay takes effect on the date of the filing.
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 $104,000.
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 $2,000 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 $20,000, 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.
Assume that the bankruptcy estate was distributed.
What dollar amount would Nanstar Electric Co. receive?
a.
$0
b.
$800
c.
$1,000
d.
$1,200
Choice “a” is correct. Nanstar’s claim was not timely filed. Late claims are paid only if there is money left over after the general unsecured creditors whose claims were timely filed are paid.
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 $104,000.
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 $2,000 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 $20,000, 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.
Assume that the bankruptcy estate was distributed.
What total dollar amount would Fracon Bank receive on its secured and unsecured claims?
a.
$72,000
b.
$75,000
c.
$74,000
d.
$70,000
Choice “c” is correct. With respect to distributing assets from a bankruptcy estate, all secured claims are first paid; then priority claims are paid; and finally the remaining assets are split proportionally among the unsecured creditors who have timely filed a claim. Thus, Fracon Bank is entitled to the $70,000 secured by the mortgage, and Decoy is entitled to its $2,000 security interest first. The IRS has a priority claim for $12,000, which will be paid next. Only $20,000 remains to pay the unsecured debts which total $25,000 ($5,000 remaining on the Fracon Bank debt; $2,000 to JOG; $18,000 to Decoy; Nanstar does not share in the distribution because Nanstar failed to file a claim). The unsecured creditors will share in the remainder of the estate proportionally. So, in addition to the $70,000 from the sale of the mortgaged property, Fracon is entitled to $4,000, which is 5/25 ($5,000/$25,000) of the $20,000 remaining in the estate. The total Dart will receive is $74,000: $70,000 + $4,000.
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 $104,000.
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 $2,000 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 $20,000, 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.
For the next item assume that the bankruptcy estate was distributed.
What dollar amount would the IRS receive?
a.
$10,000
b.
$8,000
c.
$12,000
d.
$0
Choice “c” is correct. With respect to the distribution of a bankruptcy estate’s assets, first all secured claims are paid; then priority claims are paid; and finally the remaining assets are split proportionally among the unsecured creditors who have timely filed a claim. Thus, Fracon Bank is entitled to the $70,000 secured by the mortgage, and Decoy is entitled to its $2,000 security interest first. After the bankruptcy estate paying these two secured creditors, $32,000 remains. The IRS has the only priority claim for $12,000. So that claim will be paid next in full.
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 parties ordinarily must confirm the plan?
~~1/2 of the secured creditors
~~2/3 of the shareholders
a.
No
No
b.
Yes
Yes
c.
No
Yes
d.
Yes
No
Choice “a” is correct. Technically, only the court can confirm a plan; creditors and security interest holders vote whether to accept the plan. Moreover, unimpaired parties, such as secured creditors are presumed to have affirmed, so their vote is not necessary. A plan need not be affirmed by 2/3 of interested shareholders (called “equity security holders” under the Bankruptcy Code), but rather by 2/3 of the interests (e.g., 2/3 of the outstanding shares, which may be held by fewer than 2/3 of the shareholders). Finally, through the “cram down” provision of the Bankruptcy Code a plan may be confirmed by a court even if only one impaired class votes to affirm the plan.
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?
a.
Strong Corp. will be discharged only from the debts owed creditors who agreed to the reorganization plan.
b.
Strong Corp. will be discharged from all its debts and liabilities that arose before the date of confirmation of the plan.
c.
Strong Corp. will be discharged from all its debts and liabilities.
d.
Strong Corp. will be discharged from all its debts and liabilities that arose before the confirmation of the plan, except as otherwise provided in the plan, the order of confirmation, or the Bankruptcy Code.
Choice “d” is correct. 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.
Choices “c” and “b” are incorrect. Nondischargeable debts are not discharged by the reorganization.
Choice “a” is incorrect. The discharge is effective even against creditors who voted against the plan.
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?
a.
Three unsecured creditors must join in the involuntary petition in bankruptcy.
b.
Golf may not be petitioned involuntarily into bankruptcy because there are less than 12 unsecured creditors.
c.
Golf may not be petitioned involuntarily into bankruptcy under the provisions of Chapter 11.
d.
Deft may file an involuntary petition in bankruptcy against Golf.
Choice “d” is correct. When there are fewer than 12 unsecured creditors, any one creditor who is owed $15,325 in unsecured debt or more may file an involuntary petition in bankruptcy.
Choice “b” is incorrect. The fact that there are fewer than 12 unsecured creditors means that only one creditor is needed for the involuntary petition (as long as the creditor is owed at least $15,325 in unsecured debt).
Choice “c” is incorrect. A debtor who is not paying debts as they become due is subject to being involuntarily petitioned into bankruptcy under the provisions of Chapter 11.
Choice “a” is incorrect. When there are fewer than 12 unsecured creditors, any one or more of the creditors may file the involuntary petition, but the petitioner(s) must be owed in aggregate at least $15,325 in unsecured debt.
Which of the following claims will not be discharged in bankruptcy?
a.
A claim that arises from alimony or maintenance.
b.
A claim brought by a secured creditor that remains unsatisfied after the sale of the collateral.
c.
A claim brought by a judgment creditor whose judgment resulted from the debtor’s negligent operation of a motor vehicle.
d.
A claim that arises out of the debtor’s breach of a contract.
Choice “a” is correct. Money owed as alimony is not discharged in bankruptcy.
Choice “d” is incorrect. Contract claims are dischargeable in bankruptcy.
Choice “b” is incorrect. Debts owed to secured creditors beyond the value of the collateral are treated like any other unsecured debt and are discharged by the bankruptcy.
Choice “c” is incorrect. Debts arising from negligent conduct are dischargeable in bankruptcy (if the auto accident arose from drunk driving or the injuries were willful, the debt would not be discharged).
Under the liquidation provisions of Chapter 7 of the Federal Bankruptcy Code, which of the following statements applies to a person who has voluntarily filed for and received a discharge in bankruptcy?
a.
The person will be discharged from all debts.
b.
The person is precluded from owning or operating a similar business for two years.
c.
The person must surrender for distribution to the creditors amounts received as an inheritance, if the receipt occurs within 180 days after filing the bankruptcy petition.
d.
The person can obtain another voluntary discharge in bankruptcy under Chapter 7 after three years have elapsed from the date of the prior filing.
Choice “c” is correct. The bankruptcy estate is deemed to include money inherited within 180 days after the bankruptcy petition is filed.
Choice “a” is incorrect. Not all debts are discharged by a bankruptcy. For example, alimony is not discharged, and neither are debts arising from fraud.
Choice “d” is incorrect. After a Chapter 7 bankruptcy, the debtor may not obtain another bankruptcy for eight years.
Choice “b” is incorrect. There is no limitation on the types of businesses a debtor may own after bankruptcy.
