Maritime Bankruptcy

Description: This quiz will test your knowledge on the topic of Maritime Bankruptcy.
Number of Questions: 15
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Tags: maritime law bankruptcy shipping admiralty
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What is the primary federal statute governing maritime bankruptcy in the United States?

  1. The Bankruptcy Code

  2. The Maritime Bankruptcy Act

  3. The Jones Act

  4. The General Average Act


Correct Option: A
Explanation:

The Bankruptcy Code, Title 11 of the United States Code, is the primary federal statute governing all bankruptcy proceedings, including those involving maritime entities.

Which of the following is a type of maritime lien that can give rise to a maritime bankruptcy proceeding?

  1. A mortgage on a vessel

  2. A claim for unpaid wages by a seaman

  3. A claim for salvage services

  4. All of the above


Correct Option: D
Explanation:

All of the above are types of maritime liens that can give rise to a maritime bankruptcy proceeding. A mortgage on a vessel is a security interest in the vessel that secures a loan. A claim for unpaid wages by a seaman is a claim for compensation for work performed on a vessel. A claim for salvage services is a claim for compensation for services rendered in saving a vessel or its cargo from danger.

What is the purpose of a Chapter 11 reorganization in maritime bankruptcy?

  1. To liquidate the assets of the debtor and distribute the proceeds to creditors

  2. To allow the debtor to continue operating its business while it develops a plan to repay its creditors

  3. To allow the debtor to sell its assets and use the proceeds to pay off its creditors

  4. None of the above


Correct Option: B
Explanation:

The purpose of a Chapter 11 reorganization in maritime bankruptcy is to allow the debtor to continue operating its business while it develops a plan to repay its creditors. This allows the debtor to avoid liquidation and preserve its business as a going concern.

What is the role of the bankruptcy court in a maritime bankruptcy proceeding?

  1. To oversee the administration of the bankruptcy estate

  2. To approve or disapprove the debtor's reorganization plan

  3. To determine the validity and priority of creditors' claims

  4. All of the above


Correct Option: D
Explanation:

The bankruptcy court has a variety of roles in a maritime bankruptcy proceeding, including overseeing the administration of the bankruptcy estate, approving or disapproving the debtor's reorganization plan, and determining the validity and priority of creditors' claims.

What is the difference between a secured creditor and an unsecured creditor in a maritime bankruptcy proceeding?

  1. A secured creditor has a lien on the debtor's property, while an unsecured creditor does not

  2. A secured creditor is entitled to priority over an unsecured creditor in the distribution of the debtor's assets

  3. Both of the above

  4. None of the above


Correct Option: C
Explanation:

Both of the above are correct. A secured creditor has a lien on the debtor's property, which gives them a priority over unsecured creditors in the distribution of the debtor's assets. This means that secured creditors are more likely to be paid in full than unsecured creditors.

What is the effect of a maritime bankruptcy filing on the debtor's contracts?

  1. The contracts are automatically terminated

  2. The contracts are automatically assumed

  3. The debtor has the option to assume or reject the contracts

  4. None of the above


Correct Option: C
Explanation:

The debtor has the option to assume or reject the contracts. If the debtor assumes a contract, it is obligated to perform the contract according to its terms. If the debtor rejects a contract, it is relieved of its obligations under the contract.

What is the effect of a maritime bankruptcy filing on the debtor's employees?

  1. The employees are automatically terminated

  2. The employees are automatically entitled to severance pay

  3. The debtor has the option to terminate the employees' employment contracts

  4. None of the above


Correct Option: C
Explanation:

The debtor has the option to terminate the employees' employment contracts. However, the debtor must provide the employees with notice of the termination and pay them any severance pay that is required by law.

What is the effect of a maritime bankruptcy filing on the debtor's property?

  1. The property is automatically seized by the bankruptcy court

  2. The property is automatically sold to pay off the debtor's creditors

  3. The debtor retains possession of the property, but cannot sell or transfer it without the bankruptcy court's approval

  4. None of the above


Correct Option: C
Explanation:

The debtor retains possession of the property, but cannot sell or transfer it without the bankruptcy court's approval. This is to prevent the debtor from dissipating the assets of the bankruptcy estate.

What is the effect of a maritime bankruptcy filing on the debtor's debts?

  1. The debts are automatically discharged

  2. The debts are automatically stayed

  3. The debtor is required to pay the debts in full

  4. None of the above


Correct Option: B
Explanation:

The debts are automatically stayed. This means that the debtor is not required to make any payments on its debts while the bankruptcy case is pending.

What is the effect of a maritime bankruptcy filing on the debtor's creditors?

  1. The creditors are automatically barred from taking any action to collect their debts

  2. The creditors are automatically entitled to payment in full

  3. The creditors have the option to file a proof of claim with the bankruptcy court

  4. None of the above


Correct Option: C
Explanation:

The creditors have the option to file a proof of claim with the bankruptcy court. This is a document that sets forth the amount of the creditor's claim against the debtor.

What is the effect of a maritime bankruptcy filing on the debtor's shareholders?

  1. The shareholders are automatically wiped out

  2. The shareholders are automatically entitled to compensation

  3. The shareholders retain their ownership interest in the debtor

  4. None of the above


Correct Option: C
Explanation:

The shareholders retain their ownership interest in the debtor. However, the value of their shares may be diminished as a result of the bankruptcy filing.

What is the effect of a maritime bankruptcy filing on the debtor's management?

  1. The management is automatically removed

  2. The management is automatically entitled to a bonus

  3. The management retains its positions, but is subject to the oversight of the bankruptcy court

  4. None of the above


Correct Option: C
Explanation:

The management retains its positions, but is subject to the oversight of the bankruptcy court. This is to ensure that the management acts in the best interests of the bankruptcy estate.

What is the effect of a maritime bankruptcy filing on the debtor's customers?

  1. The customers are automatically barred from doing business with the debtor

  2. The customers are automatically entitled to a refund

  3. The customers can continue to do business with the debtor, but may be subject to delays or disruptions

  4. None of the above


Correct Option: C
Explanation:

The customers can continue to do business with the debtor, but may be subject to delays or disruptions. This is because the debtor may be required to take steps to reorganize its business, which could impact its ability to deliver goods or services to its customers.

What is the effect of a maritime bankruptcy filing on the debtor's suppliers?

  1. The suppliers are automatically barred from supplying goods or services to the debtor

  2. The suppliers are automatically entitled to payment in full

  3. The suppliers can continue to supply goods or services to the debtor, but may be subject to delays or disruptions

  4. None of the above


Correct Option: C
Explanation:

The suppliers can continue to supply goods or services to the debtor, but may be subject to delays or disruptions. This is because the debtor may be required to take steps to reorganize its business, which could impact its ability to pay its suppliers.

What is the effect of a maritime bankruptcy filing on the debtor's competitors?

  1. The competitors are automatically barred from competing with the debtor

  2. The competitors are automatically entitled to compensation

  3. The competitors can continue to compete with the debtor, but may be subject to certain restrictions

  4. None of the above


Correct Option: C
Explanation:

The competitors can continue to compete with the debtor, but may be subject to certain restrictions. For example, the bankruptcy court may impose an injunction that prevents the competitors from engaging in certain activities that could harm the debtor's business.

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