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Which of the following is NOT part of the basic set of procedures for bankruptcy cases?


A) The creditors meet with the debtor
B) Discharging debts
C) The petition for the prompt repayment of secured creditor claims
D) A determination on whether an order of relief should be granted
E) The granting of an automatic stay

F) C) and E)
G) A) and E)

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What must a debtor be able to demonstrate to file Chapter 7 bankruptcy?


A) That he is unable to pay.
B) That he faces undue hardship
C) That he is insolvent.
D) That he owes money to someone
E) That debts were acquired due to unforeseen circumstances

F) C) and E)
G) C) and D)

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Which of the following is the first step in bankruptcy proceedings?


A) Filing of a petition for bankruptcy
B) Debts are discharged
C) A determination on whether an order of relief should be granted
D) Creditors meet with the debtor
E) The granting of an automatic stay

F) A) and B)
G) All of the above

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Which of the following does NOT fall under an exception to the automatic stay?


A) Legal actions to collect alimony payments.
B) The debtor was a debtor in a bankruptcy case dismissed within a year of the current bankruptcy case filing.
C) Creditors who are involved in repossession proceedings.
D) Secured creditors who do not have adequate protection under the stay.
E) Legal actions to determine paternity or collect child support.

F) A) and B)
G) A) and C)

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Which of the following is required to file Chapter 12 bankruptcy?


A) At least half of the debt must be farm related?
B) At least 90 percent of the debt must be farm related
C) Total debt must be under $1 million
D) The farmer must be completely unable to pay any money towards creditors
E) The farmer must be 100 percent insolvent.

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

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What are the two general goals of bankruptcy laws as set forth in the text?

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First,bankruptcy laws provide protection...

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An individual who takes over administration of the debtor's estate is referred to as which of the following?


A) Administrator
B) Trustee
C) Aligner
D) Organizer
E) Reformer

F) None of the above
G) A) and C)

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Which of the following was NOT a reason cited for passing the comprehensive changes to bankruptcy law included in the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005.


A) The fact that some bankruptcy debtors were able to repay a significant portion of their debt
B) Significant losses associated with bankruptcy filings
C) The increased numbers of bankruptcy filings
D) Making it simper and easier for consumers to file for bankruptcy
E) Loopholes and incentives that allowed and sometimes encouraged opportunistic personal filings and abuse

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

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[Consumer Debt] Isabel had not been keeping up with her spending and bought several expensive items.Between numerous credit cards and some unsecured loans,she had a total of 14 creditors.All her debt was consumer debt,and Isabel really wished that she had not put all those new clothes on her credit card.Although Isabel was struggling,she did not want to file for bankruptcy because she did not want a bad credit score.However,three of her credit card companies signed and filed an involuntary bankruptcy petition against her under Chapter 7.Isabel is unsure about how to proceed.While she is several months behind on a number of payments,including alimony payments she believes were unfairly awarded to her ex-husband,she does not particularly want to go bankrupt.She believes that the creditors have been unfair in not allowing her additional time in which to pay.On the other hand,she would really like to be rid of her excessive debt and stop collection efforts on the part of her ex-husband. -Which of the following is true regarding the involuntary petition for bankruptcy filed by some of Isabel's creditors?


A) Involuntary petitions are not allowed under Chapter 7.
B) The petition was properly filed because 3 or more creditors with unsecured claims signed the petition for involuntary bankruptcy.
C) The petition was properly filed because only 2 or more creditors with secured or unsecured claims must sign a petition for involuntary bankruptcy.
D) Only 3 creditors may file an involuntary petition,but their aggregate claims must be $20,100;therefore,the petition will be dismissed in Isabel's case.
E) At least 5 creditors must file in order for an involuntary petition to be accepted;therefore,the involuntary petition will be dismissed in Isabel's case.

F) C) and E)
G) A) and C)

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In Margaret Kawaauhau v.Paul W.Geiger,the text case in which the plaintiff claimed that the defending doctor,who had no malpractice insurance,could not discharge in bankruptcy a judgment for malpractice on the basis that he deliberately chose less effective treatment to cut costs while knowing that he was providing substandard care resulted in which of the following?


A) That the defendant could not discharge the judgment because he was negligent.
B) That the defendant could discharge the judgment because he did not intend to cause injury.
C) That the defendant could not discharge the judgment because he was reckless.
D) That as a matter of public policy,the defendant could not discharge the judgment because he failed to carry malpractice insurance.
E) That the defendant could discharge the judgment because as a matter of public policy,all malpractice judgments may be discharged.

F) A) and C)
G) A) and D)

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A payment made by an insolvent debtor that gives preferential treatment to one creditor over another is called which of the following?


A) An unapproved payment
B) An unendorsed payment
C) An unfair payment
D) An unequal payment
E) A preferential payment

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

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Which of the following is NOT required for a reaffirmation of debt?


A) The agreement should contain a statement notifying the creditor that the law does not require the agreement.
B) The reaffirmation agreement is made before the debt is discharged
C) The debtor must be able to cancel the agreement
D) The agreement must contain explicit information regarding the time period in which the debtor can cancel the agreement.
E) The reaffirmation agreement is made after the debt is discharged

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

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Which of the following is false regarding bankruptcy cases?


A) Bankruptcy cases are referred to bankruptcy judges,under the authority of the district courts.
B) A jury is not allowed in a bankruptcy proceeding.
C) The Bankruptcy Rules set forth procedures for bankruptcy cases.
D) Bankruptcy cases are filed in federal district courts.
E) An appeal of a bankruptcy ruling goes to the district court judge.

F) A) and B)
G) B) and E)

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Who organizes the creditors' meeting in a Chapter 7 proceeding?


A) The trustee
B) The interim trustee
C) At least three of the creditors
D) The district court judge
E) The bankruptcy judge

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

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Some debts that are dischargeable under Chapter 13 are not dischargeable under Chapter 7.

A) True
B) False

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What happens when an order of relief is granted?


A) The bankruptcy can continue
B) The debtor gets protection from collection efforts
C) The creditor gets relief from the automatic stay
D) The bankruptcy is dismissed
E) The debtor is relieved of all obligations to repay debts

F) A) and D)
G) A) and C)

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Why is repayment under Chapter 13 distinct from other types of relief?


A) Because repayment plans are usually simpler and less expensive than Chapter 11 plans.
B) Because Chapter 13 is an option only for municipalities,not individuals and businesses.
C) Because Chapter 13 is the only type of relief available to debtors who are not insolvent.
D) Because repayment is voluntary only.A debtor cannot be forced into a repayment plan.
E) Because debts are discharged in Chapter 13 but not in other Chapters of bankruptcy.

F) A) and B)
G) All of the above

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Which of the following terms is sometimes referred to as straight bankruptcy?


A) Acknowledgment
B) Liquidation
C) Reorganization
D) Avoidance
E) Reformation

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

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Assuming that Isabel does not object to the bankruptcy proceeding,what is the next step that should occur?


A) The court should appoint a trustee.
B) The court should determine if any claims have priority.
C) The court should enter an order of relief.
D) The court should hold a creditor's meeting.
E) The court should appoint a temporary trustee.

F) A) and C)
G) None of the above

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What is the maximum period of a Chapter 13 repayment plan that does not require special court approval?


A) Four years.
B) No limit.
C) One year
D) Two years.
E) Three years.

F) A) and B)
G) C) and D)

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