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Real Estate Bankruptcies and Insolvency

Description: This quiz will test your knowledge on the topic of Real Estate Bankruptcies and Insolvency.
Number of Questions: 15
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Tags: real estate bankruptcy insolvency law
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What is the most common type of bankruptcy filed by real estate investors?

  1. Chapter 7

  2. Chapter 11

  3. Chapter 12

  4. Chapter 13


Correct Option: B
Explanation:

Chapter 11 bankruptcy allows businesses to reorganize their debts and continue operating.

What is the purpose of a Chapter 11 bankruptcy filing?

  1. To liquidate assets and distribute proceeds to creditors

  2. To reorganize debts and continue operating

  3. To discharge debts and start over

  4. To sell assets and pay off debts


Correct Option: B
Explanation:

The goal of Chapter 11 bankruptcy is to allow businesses to restructure their debts and continue operating.

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

  1. Secured creditors have a lien on the debtor's property, while unsecured creditors do not.

  2. Secured creditors are paid first in a bankruptcy proceeding, while unsecured creditors are paid last.

  3. Secured creditors are more likely to be paid in full than unsecured creditors.

  4. All of the above.


Correct Option: D
Explanation:

Secured creditors have a lien on the debtor's property, which gives them priority over unsecured creditors in a bankruptcy proceeding.

What is a cramdown?

  1. A court order that reduces the amount of debt owed to a secured creditor

  2. A court order that forces a debtor to sell their assets

  3. A court order that discharges a debtor's debts

  4. A court order that allows a debtor to continue operating their business


Correct Option: A
Explanation:

A cramdown is a court order that reduces the amount of debt owed to a secured creditor to the value of the collateral securing the debt.

What is a deficiency judgment?

  1. A judgment that is entered against a debtor for the amount of debt that remains after the sale of the collateral

  2. A judgment that is entered against a debtor for the amount of debt that is discharged in bankruptcy

  3. A judgment that is entered against a debtor for the amount of debt that is owed to unsecured creditors

  4. A judgment that is entered against a debtor for the amount of debt that is owed to secured creditors


Correct Option: A
Explanation:

A deficiency judgment is a judgment that is entered against a debtor for the amount of debt that remains after the sale of the collateral.

What is the effect of a discharge in bankruptcy?

  1. It releases the debtor from all debts

  2. It releases the debtor from all debts except for certain types of debts, such as student loans and child support

  3. It releases the debtor from all debts except for debts that are secured by collateral

  4. It releases the debtor from all debts except for debts that are owed to the government


Correct Option: B
Explanation:

A discharge in bankruptcy releases the debtor from all debts except for certain types of debts, such as student loans and child support.

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

  1. Chapter 7 bankruptcy is a liquidation bankruptcy, while Chapter 13 bankruptcy is a reorganization bankruptcy.

  2. Chapter 7 bankruptcy is available to individuals and businesses, while Chapter 13 bankruptcy is only available to individuals.

  3. Chapter 7 bankruptcy allows the debtor to keep their assets, while Chapter 13 bankruptcy requires the debtor to sell their assets.

  4. Chapter 7 bankruptcy is more expensive than Chapter 13 bankruptcy.


Correct Option: A
Explanation:

Chapter 7 bankruptcy is a liquidation bankruptcy, which means that the debtor's assets are sold and the proceeds are distributed to creditors. Chapter 13 bankruptcy is a reorganization bankruptcy, which allows the debtor to keep their assets and repay their debts over time.

What is the eligibility criteria for filing for Chapter 7 bankruptcy?

  1. The debtor must have a regular income

  2. The debtor must have a certain amount of debt

  3. The debtor must have filed for bankruptcy in the past

  4. The debtor must be unable to pay their debts


Correct Option: D
Explanation:

The eligibility criteria for filing for Chapter 7 bankruptcy is that the debtor must be unable to pay their debts.

What is the eligibility criteria for filing for Chapter 13 bankruptcy?

  1. The debtor must have a regular income

  2. The debtor must have a certain amount of debt

  3. The debtor must have filed for bankruptcy in the past

  4. The debtor must be unable to pay their debts


Correct Option: A
Explanation:

The eligibility criteria for filing for Chapter 13 bankruptcy is that the debtor must have a regular income.

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 be evicted from their home

  4. All of the above


Correct Option: D
Explanation:

Filing for bankruptcy can have a number of negative consequences, including damage to the debtor's credit score, job loss, and eviction from their home.

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 role of the bankruptcy court in a bankruptcy proceeding?

  1. To oversee the bankruptcy process

  2. To approve the debtor's bankruptcy plan

  3. To discharge the debtor's debts

  4. All of the above


Correct Option: D
Explanation:

The bankruptcy court oversees the bankruptcy process, approves the debtor's bankruptcy plan, and discharges the debtor's debts.

What is the role of the bankruptcy trustee in a bankruptcy proceeding?

  1. To collect the debtor's assets

  2. To sell the debtor's assets

  3. To distribute the proceeds of the sale of the debtor's assets to creditors

  4. All of the above


Correct Option: D
Explanation:

The bankruptcy trustee collects the debtor's assets, sells the debtor's assets, and distributes the proceeds of the sale of the debtor's assets to creditors.

What is the role of the creditors in a bankruptcy proceeding?

  1. To file a proof of claim

  2. To vote on the debtor's bankruptcy plan

  3. To receive payments from the bankruptcy estate

  4. All of the above


Correct Option: D
Explanation:

Creditors file a proof of claim, vote on the debtor's bankruptcy plan, and receive payments from the bankruptcy estate.

What is the effect of a bankruptcy discharge on a creditor's claim?

  1. The creditor's claim is extinguished

  2. The creditor's claim is reduced

  3. The creditor's claim is suspended

  4. The creditor's claim is unaffected


Correct Option: A
Explanation:

A bankruptcy discharge extinguishes the creditor's claim.

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