Automatic Stay

Description: This quiz covers the concept of Automatic Stay in Bankruptcy Law.
Number of Questions: 15
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Tags: bankruptcy law automatic stay
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What is the purpose of the automatic stay in bankruptcy?

  1. To protect the debtor from creditors

  2. To allow the debtor to reorganize their finances

  3. To prevent the debtor from selling or transferring assets

  4. All of the above


Correct Option: D
Explanation:

The automatic stay is a court order that goes into effect immediately upon the filing of a bankruptcy petition. It protects the debtor from creditors, allows the debtor to reorganize their finances, and prevents the debtor from selling or transferring assets.

What types of debts are subject to the automatic stay?

  1. Secured debts

  2. Unsecured debts

  3. Both secured and unsecured debts

  4. None of the above


Correct Option: C
Explanation:

The automatic stay applies to both secured and unsecured debts. Secured debts are debts that are backed by collateral, such as a mortgage or car loan. Unsecured debts are debts that are not backed by collateral, such as credit card debt or medical bills.

What are the exceptions to the automatic stay?

  1. Criminal proceedings

  2. Tax debts

  3. Domestic support obligations

  4. All of the above


Correct Option: D
Explanation:

The automatic stay does not apply to criminal proceedings, tax debts, or domestic support obligations. This means that creditors can still pursue these types of claims against the debtor, even after the bankruptcy petition is filed.

How long does the automatic stay last?

  1. 30 days

  2. 60 days

  3. 90 days

  4. Until the bankruptcy case is closed


Correct Option: D
Explanation:

The automatic stay remains in effect until the bankruptcy case is closed, which can take several months or even years.

What happens if a creditor violates the automatic stay?

  1. The creditor can be held in contempt of court

  2. The creditor can be sued for damages

  3. Both of the above

  4. None of the above


Correct Option: C
Explanation:

If a creditor violates the automatic stay, they can be held in contempt of court and/or sued for damages by the debtor.

What is the difference between an automatic stay and a discharge?

  1. An automatic stay prevents creditors from taking action against the debtor, while a discharge releases the debtor from their debts

  2. An automatic stay is temporary, while a discharge is permanent

  3. Both of the above

  4. None of the above


Correct Option: C
Explanation:

An automatic stay prevents creditors from taking action against the debtor, while a discharge releases the debtor from their debts. An automatic stay is temporary, while a discharge is permanent.

What are the different types of bankruptcy?

  1. Chapter 7

  2. Chapter 11

  3. Chapter 13

  4. All of the above


Correct Option: D
Explanation:

The three most common types of bankruptcy are Chapter 7, Chapter 11, and Chapter 13. Chapter 7 is a liquidation bankruptcy, in which the debtor's nonexempt assets are sold and the proceeds are distributed to creditors. Chapter 11 is a reorganization bankruptcy, in which the debtor proposes a plan to repay creditors over time. Chapter 13 is a reorganization bankruptcy for individuals with regular income, in which the debtor proposes a plan to repay creditors over a period of 3 to 5 years.

Who is eligible to file for bankruptcy?

  1. Individuals

  2. Businesses

  3. Both individuals and businesses

  4. None of the above


Correct Option: C
Explanation:

Both individuals and businesses can file for bankruptcy. Individuals can file under Chapter 7, Chapter 11, or Chapter 13. Businesses can file under Chapter 11 or Chapter 13.

What are the consequences of filing for bankruptcy?

  1. The debtor's credit score will be damaged

  2. The debtor may lose their job

  3. The debtor may have to surrender their assets

  4. All of the above


Correct Option: D
Explanation:

Filing for bankruptcy can have a number of consequences, including damaging the debtor's credit score, causing the debtor to lose their job, and requiring the debtor to surrender their assets.

What is the best way to avoid bankruptcy?

  1. Create a budget and stick to it

  2. Pay your bills on time

  3. Avoid taking on too much debt

  4. All of the above


Correct Option: D
Explanation:

The best way to avoid bankruptcy is to create a budget and stick to it, pay your bills on time, and avoid taking on too much debt.

What is the difference between a secured debt and an unsecured debt?

  1. A secured debt is backed by collateral, while an unsecured debt is not

  2. A secured debt has a higher interest rate than an unsecured debt

  3. A secured debt is easier to discharge in bankruptcy than an unsecured debt

  4. None of the above


Correct Option: A
Explanation:

A secured debt is a loan that is backed by collateral, such as a house or a car. An unsecured debt is a loan that is not backed by collateral.

What is the difference between a Chapter 7 bankruptcy and a Chapter 13 bankruptcy?

  1. In a Chapter 7 bankruptcy, the debtor's nonexempt assets are sold and the proceeds are distributed to creditors, while in a Chapter 13 bankruptcy, the debtor proposes a plan to repay creditors over time

  2. In a Chapter 7 bankruptcy, the debtor is discharged from their debts after the bankruptcy is completed, while in a Chapter 13 bankruptcy, the debtor is not discharged from their debts until they have completed the repayment plan

  3. Both of the above

  4. None of the above


Correct Option: C
Explanation:

In a Chapter 7 bankruptcy, the debtor's nonexempt assets are sold and the proceeds are distributed to creditors, while in a Chapter 13 bankruptcy, the debtor proposes a plan to repay creditors over time. In a Chapter 7 bankruptcy, the debtor is discharged from their debts after the bankruptcy is completed, while in a Chapter 13 bankruptcy, the debtor is not discharged from their debts until they have completed the repayment plan.

What is the difference between a Chapter 11 bankruptcy and a Chapter 13 bankruptcy?

  1. In a Chapter 11 bankruptcy, the debtor is a business, while in a Chapter 13 bankruptcy, the debtor is an individual

  2. In a Chapter 11 bankruptcy, the debtor proposes a plan to reorganize their debts, while in a Chapter 13 bankruptcy, the debtor proposes a plan to repay their debts over time

  3. Both of the above

  4. None of the above


Correct Option: C
Explanation:

In a Chapter 11 bankruptcy, the debtor is a business, while in a Chapter 13 bankruptcy, the debtor is an individual. In a Chapter 11 bankruptcy, the debtor proposes a plan to reorganize their debts, while in a Chapter 13 bankruptcy, the debtor proposes a plan to repay their debts over time.

What is the difference between a discharge and a dismissal?

  1. A discharge releases the debtor from their debts, while a dismissal does not

  2. A discharge is granted after the bankruptcy is completed, while a dismissal is granted before the bankruptcy is completed

  3. Both of the above

  4. None of the above


Correct Option: C
Explanation:

A discharge releases the debtor from their debts, while a dismissal does not. A discharge is granted after the bankruptcy is completed, while a dismissal is granted before the bankruptcy is completed.

What is the difference between a reaffirmation agreement and a redemption agreement?

  1. A reaffirmation agreement is an agreement between the debtor and a creditor in which the debtor agrees to repay the debt after the bankruptcy is completed, while a redemption agreement is an agreement between the debtor and a creditor in which the debtor agrees to pay the creditor the value of the collateral securing the debt in order to keep the collateral

  2. A reaffirmation agreement is binding on the debtor, while a redemption agreement is not

  3. Both of the above

  4. None of the above


Correct Option: A
Explanation:

A reaffirmation agreement is an agreement between the debtor and a creditor in which the debtor agrees to repay the debt after the bankruptcy is completed, while a redemption agreement is an agreement between the debtor and a creditor in which the debtor agrees to pay the creditor the value of the collateral securing the debt in order to keep the collateral.

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