Bankruptcy Abuse

Description: Test your knowledge about Bankruptcy Abuse.
Number of Questions: 15
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Tags: bankruptcy bankruptcy abuse bankruptcy law
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What is the primary purpose of bankruptcy laws?

  1. To provide relief to debtors who are unable to repay their debts.

  2. To punish debtors for their financial mismanagement.

  3. To redistribute wealth from the rich to the poor.

  4. To stimulate the economy by increasing consumer spending.


Correct Option: A
Explanation:

Bankruptcy laws are designed to give debtors a fresh start by allowing them to discharge their debts and rebuild their financial lives.

Which type of bankruptcy is most commonly filed by individuals?

  1. Chapter 7

  2. Chapter 11

  3. Chapter 12

  4. Chapter 13


Correct Option: A
Explanation:

Chapter 7 bankruptcy is the most common type of bankruptcy filed by individuals. It allows debtors to liquidate their nonexempt assets and discharge their debts.

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

  1. In Chapter 7, debtors liquidate their assets and discharge their debts, while in Chapter 13, they repay their debts over time.

  2. In Chapter 7, debtors are required to sell their assets, while in Chapter 13, they are allowed to keep their assets.

  3. In Chapter 7, debtors are not allowed to file for bankruptcy again, while in Chapter 13, they can file for bankruptcy multiple times.

  4. In Chapter 7, debtors are required to pay back all of their debts, while in Chapter 13, they are only required to pay back a portion of their debts.


Correct Option: A
Explanation:

Chapter 7 bankruptcy allows debtors to liquidate their nonexempt assets and discharge their debts, while Chapter 13 bankruptcy allows debtors to repay their debts over time through a court-approved reorganization plan.

What is the means test in bankruptcy?

  1. A test to determine if a debtor is eligible to file for Chapter 7 bankruptcy.

  2. A test to determine if a debtor is eligible to file for Chapter 13 bankruptcy.

  3. A test to determine if a debtor is eligible to file for Chapter 11 bankruptcy.

  4. A test to determine if a debtor is eligible to file for Chapter 12 bankruptcy.


Correct Option: A
Explanation:

The means test is a test to determine if a debtor's income and assets are below certain limits, which makes them eligible to file for Chapter 7 bankruptcy.

What is the purpose of the automatic stay in bankruptcy?

  1. To stop creditors from contacting the debtor.

  2. To stop creditors from collecting debts from the debtor.

  3. To stop creditors from foreclosing on the debtor's property.

  4. To stop creditors from repossessing the debtor's property.


Correct Option: B
Explanation:

The automatic stay in bankruptcy is a court order that stops creditors from collecting debts from the debtor, foreclosing on the debtor's property, and repossessing the debtor's property.

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 more difficult to discharge in bankruptcy than an unsecured debt.

  4. A secured debt is less likely to be included in a Chapter 13 bankruptcy plan than an unsecured debt.


Correct Option: A
Explanation:

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

What is a reaffirmation agreement in bankruptcy?

  1. An agreement between the debtor and a creditor to repay a debt that was discharged in bankruptcy.

  2. An agreement between the debtor and a creditor to modify the terms of a debt that was discharged in bankruptcy.

  3. An agreement between the debtor and a creditor to extend the time to repay a debt that was discharged in bankruptcy.

  4. An agreement between the debtor and a creditor to waive the discharge of a debt in bankruptcy.


Correct Option: A
Explanation:

A reaffirmation agreement is an agreement between the debtor and a creditor to repay a debt that was discharged in bankruptcy.

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

  1. Chapter 11 bankruptcy is for businesses, while Chapter 13 bankruptcy is for individuals.

  2. Chapter 11 bankruptcy allows debtors to reorganize their debts, while Chapter 13 bankruptcy allows debtors to repay their debts over time.

  3. Chapter 11 bankruptcy is more expensive than Chapter 13 bankruptcy.

  4. Chapter 11 bankruptcy is more difficult to qualify for than Chapter 13 bankruptcy.


Correct Option: A
Explanation:

Chapter 11 bankruptcy is a reorganization bankruptcy that allows businesses to continue operating while they reorganize their debts. Chapter 13 bankruptcy is a reorganization bankruptcy that allows individuals to repay their debts over time.

What is the purpose of the discharge in bankruptcy?

  1. To release the debtor from personal liability for their debts.

  2. To allow the debtor to keep their assets.

  3. To stop creditors from contacting the debtor.

  4. To stop creditors from collecting debts from the debtor.


Correct Option: A
Explanation:

The discharge in bankruptcy is a court order that releases the debtor from personal liability for their debts.

What debts are not dischargeable in bankruptcy?

  1. Student loans

  2. Child support

  3. Alimony

  4. Taxes


Correct Option:
Explanation:

Student loans, child support, alimony, and taxes are not dischargeable in bankruptcy.

What is the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005?

  1. A law that made it more difficult for individuals to file for bankruptcy.

  2. A law that made it more difficult for businesses to file for bankruptcy.

  3. A law that made it more difficult for creditors to collect debts from debtors.

  4. A law that made it more difficult for debtors to discharge their debts.


Correct Option: A
Explanation:

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 made it more difficult for individuals to file for bankruptcy by imposing stricter eligibility requirements and limits on the amount of debt that can be discharged.

What is the difference between a Chapter 12 bankruptcy and a Chapter 13 bankruptcy?

  1. Chapter 12 bankruptcy is for family farmers, while Chapter 13 bankruptcy is for individuals.

  2. Chapter 12 bankruptcy allows debtors to reorganize their debts, while Chapter 13 bankruptcy allows debtors to repay their debts over time.

  3. Chapter 12 bankruptcy is more expensive than Chapter 13 bankruptcy.

  4. Chapter 12 bankruptcy is more difficult to qualify for than Chapter 13 bankruptcy.


Correct Option: A
Explanation:

Chapter 12 bankruptcy is a reorganization bankruptcy that is specifically designed for family farmers. Chapter 13 bankruptcy is a reorganization bankruptcy that is available to individuals.

What is the purpose of the means test in bankruptcy?

  1. To determine if a debtor is eligible to file for Chapter 7 bankruptcy.

  2. To determine if a debtor is eligible to file for Chapter 13 bankruptcy.

  3. To determine if a debtor is eligible to file for Chapter 11 bankruptcy.

  4. To determine if a debtor is eligible to file for Chapter 12 bankruptcy.


Correct Option: A
Explanation:

The means test is a test to determine if a debtor's income and assets are below certain limits, which makes them eligible to file for Chapter 7 bankruptcy.

What is the difference between a Chapter 9 bankruptcy and a Chapter 11 bankruptcy?

  1. Chapter 9 bankruptcy is for municipalities, while Chapter 11 bankruptcy is for businesses.

  2. Chapter 9 bankruptcy allows debtors to reorganize their debts, while Chapter 11 bankruptcy allows debtors to repay their debts over time.

  3. Chapter 9 bankruptcy is more expensive than Chapter 11 bankruptcy.

  4. Chapter 9 bankruptcy is more difficult to qualify for than Chapter 11 bankruptcy.


Correct Option: A
Explanation:

Chapter 9 bankruptcy is a reorganization bankruptcy that is specifically designed for municipalities. Chapter 11 bankruptcy is a reorganization bankruptcy that is available to businesses.

What is the purpose of the automatic stay in bankruptcy?

  1. To stop creditors from contacting the debtor.

  2. To stop creditors from collecting debts from the debtor.

  3. To stop creditors from foreclosing on the debtor's property.

  4. To stop creditors from repossessing the debtor's property.


Correct Option:
Explanation:

The automatic stay in bankruptcy is a court order that stops creditors from contacting the debtor, collecting debts from the debtor, foreclosing on the debtor's property, and repossessing the debtor's property.

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