Creditors' Rights

Description: This quiz will test your knowledge of Creditors' Rights.
Number of Questions: 15
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Tags: creditors' rights bankruptcy law
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What is the primary goal of creditors' rights?

  1. To protect the rights of debtors.

  2. To ensure that creditors are paid in full.

  3. To promote economic growth.

  4. To prevent bankruptcy.


Correct Option: B
Explanation:

The primary goal of creditors' rights is to ensure that creditors are paid in full for the debts that they are owed.

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

  1. A secured creditor has a lien on the debtor's property.

  2. An unsecured creditor does not have a lien on the debtor's property.

  3. A secured creditor has a higher priority than an unsecured creditor in bankruptcy.

  4. All of the above.


Correct Option: D
Explanation:

A secured creditor has a lien on the debtor's property, which gives them a higher priority than an unsecured creditor in bankruptcy. This means that a secured creditor is more likely to be paid in full than an unsecured creditor.

What is a lien?

  1. A legal claim against a debtor's property.

  2. A type of security interest.

  3. A court order that requires a debtor to pay a debt.

  4. All of the above.


Correct Option: D
Explanation:

A lien is a legal claim against a debtor's property that gives the creditor a right to seize and sell the property if the debt is not paid. A lien can be created by a contract, a court order, or a statute.

What is a priority claim?

  1. A claim that is paid before other claims in bankruptcy.

  2. A claim that is secured by a lien.

  3. A claim that is owed to the government.

  4. All of the above.


Correct Option: D
Explanation:

A priority claim is a claim that is paid before other claims in bankruptcy. Priority claims include claims for wages, taxes, and certain other expenses.

What is a discharge in bankruptcy?

  1. A court order that releases a debtor from liability for their debts.

  2. A type of bankruptcy that allows a debtor to keep their property.

  3. A process that allows a debtor to repay their debts over time.

  4. None of the above.


Correct Option: A
Explanation:

A discharge in bankruptcy is a court order that releases a debtor from liability for their debts. This means that the debtor is no longer legally obligated to pay the debts that they owe.

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

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

  2. Chapter 7 allows a debtor to keep their property, while Chapter 13 requires a debtor to sell their property.

  3. Chapter 7 is more common than Chapter 13.

  4. All of the above.


Correct Option: D
Explanation:

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

What is the means test?

  1. A test that determines whether a debtor is eligible for Chapter 7 bankruptcy.

  2. A test that determines whether a debtor is eligible for Chapter 13 bankruptcy.

  3. A test that determines whether a debtor is eligible for a discharge in bankruptcy.

  4. None of the above.


Correct Option: A
Explanation:

The means test is a test that determines whether a debtor is eligible for Chapter 7 bankruptcy. The test is based on the debtor's income and expenses.

What is a reaffirmation agreement?

  1. An agreement between a debtor and a creditor that allows the debtor to keep certain property after bankruptcy.

  2. An agreement between a debtor and a creditor that allows the debtor to repay a debt over time.

  3. An agreement between a debtor and a creditor that releases the debtor from liability for a debt.

  4. None of the above.


Correct Option: A
Explanation:

A reaffirmation agreement is an agreement between a debtor and a creditor that allows the debtor to keep certain property after bankruptcy. The agreement must be approved by the bankruptcy court.

What is a cramdown?

  1. A court order that forces a creditor to accept a lower payment than what is owed.

  2. A court order that forces a debtor to sell their property and distribute the proceeds to creditors.

  3. A court order that releases a debtor from liability for their debts.

  4. None of the above.


Correct Option: A
Explanation:

A cramdown is a court order that forces a creditor to accept a lower payment than what is owed. This can happen in Chapter 13 bankruptcy if the debtor's plan is confirmed by the bankruptcy court.

What is a preference?

  1. A payment that a debtor makes to a creditor within 90 days of filing for bankruptcy.

  2. A payment that a debtor makes to a creditor within 180 days of filing for bankruptcy.

  3. A payment that a debtor makes to a creditor within 365 days of filing for bankruptcy.

  4. None of the above.


Correct Option: A
Explanation:

A preference is a payment that a debtor makes to a creditor within 90 days of filing for bankruptcy. This payment can be voided by the bankruptcy trustee if it is determined that the payment was made with the intent to give the creditor an advantage over other creditors.

What is a fraudulent transfer?

  1. A transfer of property that is made with the intent to hinder, delay, or defraud creditors.

  2. A transfer of property that is made without the consent of the creditors.

  3. A transfer of property that is made for less than fair value.

  4. All of the above.


Correct Option: A
Explanation:

A fraudulent transfer is a transfer of property that is made with the intent to hinder, delay, or defraud creditors. This type of transfer can be voided by the bankruptcy trustee.

What is a clawback provision?

  1. A provision in a bankruptcy code that allows the bankruptcy trustee to recover payments that were made to creditors within a certain period of time before the bankruptcy filing.

  2. A provision in a bankruptcy code that allows the bankruptcy trustee to sell the debtor's property and distribute the proceeds to creditors.

  3. A provision in a bankruptcy code that allows the debtor to keep their property and repay their debts over time.

  4. None of the above.


Correct Option: A
Explanation:

A clawback provision is a provision in a bankruptcy code that allows the bankruptcy trustee to recover payments that were made to creditors within a certain period of time before the bankruptcy filing. This provision is designed to prevent creditors from receiving preferential treatment.

What is a setoff?

  1. A right that a creditor has to use a debt that the debtor owes to the creditor to offset a debt that the creditor owes to the debtor.

  2. A right that a debtor has to use a debt that the creditor owes to the debtor to offset a debt that the debtor owes to the creditor.

  3. A right that a creditor has to seize the debtor's property and sell it to satisfy a debt.

  4. None of the above.


Correct Option: A
Explanation:

A setoff is a right that a creditor has to use a debt that the debtor owes to the creditor to offset a debt that the creditor owes to the debtor. This right is available to creditors in both bankruptcy and non-bankruptcy situations.

What is a garnishment?

  1. A court order that requires a debtor's employer to withhold a portion of the debtor's wages and pay it to the creditor.

  2. A court order that requires a debtor's bank to freeze the debtor's account and pay the funds to the creditor.

  3. A court order that requires a debtor to sell their property and distribute the proceeds to creditors.

  4. None of the above.


Correct Option: A
Explanation:

A garnishment is a court order that requires a debtor's employer to withhold a portion of the debtor's wages and pay it to the creditor. This type of collection action is often used by creditors to collect debts that are in default.

What is a lien?

  1. A legal claim against a debtor's property that gives the creditor a right to seize and sell the property if the debt is not paid.

  2. A type of security interest.

  3. A court order that requires a debtor to pay a debt.

  4. All of the above.


Correct Option: D
Explanation:

A lien is a legal claim against a debtor's property that gives the creditor a right to seize and sell the property if the debt is not paid. A lien can be created by a contract, a court order, or a statute.

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