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In a Chapter 7 proceeding, the bankruptcy trustee collects the debtor's estate and reduces it to cash, preserving the interests of the debtor and creditors.

A) True
B) False

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If all classes of creditors accept the debtor's Chapter 11 plan, the court cannot refuse to confirm it.

A) True
B) False

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Under the Bankruptcy Code, the means test is used to


A) keep higher-income people from abusing the bankruptcy process.
B) force more people to file for Chapter 7 bankruptcy.
C) determine the validity of a statement or claim by any party in interest.
D) prioritize the claims of the creditors in an involuntary proceeding.

E) A) and B)
F) A) and C)

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All bankruptcy proceedings are conducted in federal bankruptcy courts.

A) True
B) False

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Any debtor who is eligible for bankruptcy relief under Chapter 7 is eligible under Chapter 11.

A) True
B) False

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In a Chapter 11 proceeding, for an individual debtor , the court may order discharge at any time after the plan is confirmed.

A) True
B) False

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Under Chapter 7, to be entitled to receive a portion of a debtor's estate, each creditor must file a proof of claim with the bankruptcy court within ninety days of


A) the order for relief.
B) the petition.
C) the automatic stay.
D) the creditors' meeting.

E) C) and D)
F) All of the above

Correct Answer

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Under Chapter 13, a plan may provide for the payment of an amount less than 100 percent of the debtor's total obligations.

A) True
B) False

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In a Chapter 11 proceeding, the role of a debtor in possession is similar to that of a trustee in a Chapter 7 proceeding.

A) True
B) False

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A bankruptcy trustee is accountable for


A) administering the debtor's estate.
B) exempting certain property from the bankruptcy.
C) operating a debtor's business to obtain maximum profit for the creditors.
D) commencing actions against the debtor to recover creditors' claims.

E) None of the above
F) C) and D)

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Under any chapter of the Bankruptcy Code, failing to file the necessary documents with the debtor's petition for relief can result in


A) an automatic stay.
B) the discharge of the debtor's obligations.
C) the dismissal of the petition.
D) the distribution of the debtor's assets to his or her creditors.

E) B) and D)
F) B) and C)

Correct Answer

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Debts that remain after a liquidation are not discharged, and the debtor retains his or her obligation to pay them.

A) True
B) False

Correct Answer

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Construction Inc. wants to agree with its creditors on a plan under which it pays a portion of its debt and is discharged of the rest. To accomplish this goal, the corporation should file a petition in bankruptcy under Chapter 11 for relief through


A) a liquidation.
B) a reorganization.
C) a repayment plan.
D) an adjustment plan.

E) B) and D)
F) C) and D)

Correct Answer

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One of the Bankruptcy Code's main goals is to ensure preferential treatment of certain creditors who are competing for a debtor's assets.

A) True
B) False

Correct Answer

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A debtor cannot defend against an involuntary bankruptcy petition because that would be contrary to the definition of involuntary .

A) True
B) False

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In a Chapter 7 proceeding if the value of the debtor's estate does not provide sufficient cash to pay all the creditors, it is given back to the debtor.

A) True
B) False

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Eligible for relief on a petition in bankruptcy under Chapter 11 is


A) any debtor who is eligible under Chapter 7, and railroads.
B) an individual, not a partnership or a corporation, with regular income and debts of less than a certain amount.
C) any "person" except railroads and certain financial institutions.
D) any party who is not eligible under a different chapter of the Code.

E) A) and C)
F) A) and D)

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A voluntary petition in bankruptcy must include


A) proof of each creditor's claim.
B) a list of the debtor's creditors and the amount of the debt owed to each.
C) all of the choices.
D) a statement indicating that the debtor understands basic economics.

E) None of the above
F) C) and D)

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Only the debtor may file a plan under Chapter 13.

A) True
B) False

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eGear is a retail seller of phones, TVs, and other consumer electronic equipment. eGear sells Fiona a $2,400 television set on a retail installment security agreement on which she pays $100 down and agrees to pay the balance in equal installments. eGear retains a security interest in the set, and perfects that interest by filing a financing statement. Two months later, Fiona is in default on the payments to eGear and is involuntarily petitioned into bankruptcy by other creditors. Discuss eGear's right to repossess the TV set or to be paid on the debt.

Correct Answer

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eGear will not be able to repossess the ...

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