Bankruptcy Law

Description: This quiz covers various aspects of Bankruptcy Law, including types of bankruptcy, procedures, and legal implications.
Number of Questions: 14
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Tags: bankruptcy law insolvency debt relief financial restructuring
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Which type of bankruptcy allows a debtor to reorganize their debts and continue operating their business?

  1. Chapter 7

  2. Chapter 11

  3. Chapter 12

  4. Chapter 13


Correct Option: B
Explanation:

Chapter 11 bankruptcy is designed for businesses and individuals with large debts who want to reorganize their finances and continue operating.

In Chapter 7 bankruptcy, what happens to the debtor's nonexempt property?

  1. It is liquidated and distributed to creditors

  2. It is protected and remains with the debtor

  3. It is transferred to a bankruptcy trustee

  4. It is subject to foreclosure or repossession


Correct Option: A
Explanation:

In Chapter 7 bankruptcy, the debtor's nonexempt property is sold and the proceeds are distributed to creditors.

What is the primary purpose of a Chapter 13 bankruptcy?

  1. To discharge all unsecured debts

  2. To liquidate assets and distribute proceeds to creditors

  3. To reorganize debts and allow for repayment over time

  4. To stop foreclosure or repossession of property


Correct Option: C
Explanation:

Chapter 13 bankruptcy allows individuals to create a repayment plan to pay off their debts over a period of time, typically 3 to 5 years.

Which type of bankruptcy is commonly used by farmers and fishermen?

  1. Chapter 7

  2. Chapter 11

  3. Chapter 12

  4. Chapter 13


Correct Option: C
Explanation:

Chapter 12 bankruptcy is specifically designed for family farmers and fishermen who are experiencing financial difficulties.

What is the role of a bankruptcy trustee in a Chapter 7 bankruptcy?

  1. To manage and liquidate the debtor's assets

  2. To negotiate with creditors on behalf of the debtor

  3. To develop a repayment plan for the debtor

  4. To provide legal advice to the debtor


Correct Option: A
Explanation:

The bankruptcy trustee is responsible for overseeing the liquidation of the debtor's nonexempt property and distributing the proceeds to creditors.

What is the effect of a discharge in bankruptcy on the debtor's debts?

  1. It eliminates all unsecured debts

  2. It reduces the amount owed on secured debts

  3. It stops collection efforts by creditors

  4. It allows the debtor to keep all of their property


Correct Option: A
Explanation:

A discharge in bankruptcy releases the debtor from personal liability for most unsecured debts, such as credit card debt and medical bills.

What is the waiting period between filing for bankruptcy under Chapter 7 and Chapter 13?

  1. 6 months

  2. 1 year

  3. 2 years

  4. There is no waiting period


Correct Option:
Explanation:

Individuals who have previously filed for bankruptcy under Chapter 7 must wait 8 years before they can file again under Chapter 7 or Chapter 13.

What is the maximum amount of unsecured debt that an individual can have to be eligible for Chapter 7 bankruptcy?

  1. $360,000

  2. $640,000

  3. $925,000

  4. $1,250,000


Correct Option: A
Explanation:

The eligibility limits for Chapter 7 bankruptcy are based on the debtor's total unsecured debt, which includes credit card debt, medical bills, and personal loans.

Which type of bankruptcy is commonly used by individuals with high levels of secured debt?

  1. Chapter 7

  2. Chapter 11

  3. Chapter 12

  4. Chapter 13


Correct Option: D
Explanation:

Chapter 13 bankruptcy allows individuals to propose a plan to repay their debts over time, including secured debts such as mortgages and car loans.

What is the effect of a reaffirmation agreement in bankruptcy?

  1. It allows the debtor to keep secured property by agreeing to repay the debt

  2. It releases the debtor from personal liability for a secured debt

  3. It reduces the interest rate on a secured debt

  4. It extends the repayment period for a secured debt


Correct Option: A
Explanation:

A reaffirmation agreement is a contract between the debtor and a creditor in which the debtor agrees to repay a secured debt that would otherwise be discharged in bankruptcy.

What is the purpose of the means test in bankruptcy?

  1. To determine if the debtor is eligible for Chapter 7 bankruptcy

  2. To calculate the amount of debt that can be discharged

  3. To determine the debtor's ability to repay debts

  4. To establish a repayment plan for the debtor


Correct Option: A
Explanation:

The means test is used to assess the debtor's income and expenses to determine if they are eligible to file for Chapter 7 bankruptcy.

What is the role of the bankruptcy court in a bankruptcy case?

  1. To approve or deny the debtor's bankruptcy petition

  2. To oversee the administration of the bankruptcy estate

  3. To determine the amount of debt that can be discharged

  4. To provide legal advice to the debtor


Correct Option:
Explanation:

The bankruptcy court has a variety of roles in a bankruptcy case, including approving or denying the debtor's petition, overseeing the administration of the bankruptcy estate, determining the amount of debt that can be discharged, and providing legal advice to the debtor.

What is the effect of a Chapter 11 bankruptcy on the debtor's business operations?

  1. The business must cease operations immediately

  2. The business can continue operating under the supervision of a bankruptcy trustee

  3. The business can continue operating without any restrictions

  4. The business must sell all of its assets


Correct Option: B
Explanation:

In Chapter 11 bankruptcy, the debtor's business can continue operating under the supervision of a bankruptcy trustee, who is appointed by the court to oversee the reorganization process.

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

  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 can be discharged in bankruptcy, while an unsecured debt cannot

  4. A secured debt must be repaid in full before an unsecured debt can be repaid


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.

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