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In a Chapter 13 proceeding, the debtor retains possession of his or her assets.

A) True
B) False

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With respect to creditors, the main goal of bankruptcy law is to


A) ensure that creditors will continue to lend to insolvent debtors.
B) protect creditor assets from diminution in value.
C) ensure equitable treatment in the competition for debtor assets.
D) make all debtor property available for all creditor claims.

E) B) and C)
F) All of the above

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Under Chapter 7, once the proceeds have been distributed, the obligations of the debtor most likely to be discharged are


A) taxes accruing within the last three years.
B) claims based on the debtor's willful or malicious conduct or fraud.
C) none of the choices.
D) domestic-support obligations.

E) B) and C)
F) A) and C)

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C

An involuntary bankruptcy occurs when a debtor


A) files forms designated for the purpose.
B) is unable to pay his or her debts as they come due.
C) is forced into bankruptcy proceedings by his or her creditors.
D) has debts that exceed the fair market value of his or her assets.

E) B) and D)
F) C) and D)

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In a Chapter 11 proceeding, a debtor corporation and its creditors agree on a plan under which the corporation pays a portion of its debt.

A) True
B) False

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Compared to Chapter 7 and 11 plans, a Chapter 13 plan


A) permits creditors to force a debtor into involuntary bankruptcy.
B) allows a debtor to retain possession of his or her assets.
C) is more expensive and more complicated.
D) permits any interested party to file a repayment plan.

E) None of the above
F) A) and D)

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Under Chapter 7, once the proceeds of the bankruptcy estate have been distributed, the debtor's remaining debts


A) are discharged.
B) paid by the court.
C) renewed without legal action as obligations of the debtor.
D) subject to legal actions to recover any unpaid amounts.

E) A) and B)
F) None of the above

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Under Chapter 7, creditors are paid in a certain order of priority. The highest-priority class comprises claims for


A) debts related to motor vehicles, household goods, and trade tools.
B) domestic support.
C) the debtor's equity in his or her residence.
D) student loans.

E) All of the above
F) C) and D)

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Voluntary petitions may be filed to initiate Chapter 7 or Chapter 11, but not Chapter 13, bankruptcies.

A) True
B) False

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Chapter 7 of the Bankruptcy Code provides for


A) the adjustment of debts of individuals -not businesses.
B) liquidation proceedings.
C) the reorganization of the obligations of the debtor.
D) the adjustment of debts of businesses -not individuals.

E) B) and D)
F) None of the above

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In a Chapter 7 proceeding, the primary effect of a discharge is to void any judgment on a discharged debt and to prohibit any action to collect it.

A) True
B) False

Correct Answer

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Under Chapter 7, the primary effect of a discharge is to


A) extend the time for the debtor's payment of overdue debts.
B) allow a creditor to collect a previous judgment on a discharged debt.
C) force a creditor to obtain a new judgment on a discharged debt.
D) void a judgment on a discharged debt and prohibit an action to collect it.

E) A) and D)
F) B) and C)

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Under Chapter 13, a plan may provide for the payment of all of the debtor's obligations in full.

A) True
B) False

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Under Chapter 11, the debtor's obligations most likely to be discharged are


A) taxes accruing within the last three years.
B) claims based on the debtor's willful or malicious conduct or fraud.
C) none of the choices.
D) domestic-support obligations.

E) A) and B)
F) C) and D)

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Each state permits a debtor in bankruptcy to retain the family home in order to preserve some equity to pay any debts that are discharged.

A) True
B) False

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False

Under Chapter 13, a repayment plan must provide for


A) the turnover of the debtor's future income to the creditors.
B) full payment of all claims, without exception.
C) the same treatment of each claim within a particular class of claim.
D) all of the choices.

E) A) and C)
F) A) and D)

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If there is a presumption of abuse, the trustee must file a motion to dismiss a Chapter 7 petition or explain why such a motion would not be appropriate.

A) True
B) False

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In addition to financial statements, each voluntary petition in bankruptcy must include


A) a plan outlining how debt payments will be made.
B) a certificate proving the receipt of credit counseling.
C) a creditors' agreement allowing the debtor to continue in business.
D) a statement of preference for one creditor over another.

E) All of the above
F) B) and C)

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Under Chapter 13, after the completion of all payments under the plan, the court will grant a discharge of


A) only the debts provided for by the plan.
B) only the obligations not provided for by the plan.
C) all claims, whether or not provided for by the plan.
D) all obligations that remain unsatisfied.

E) None of the above
F) All of the above

Correct Answer

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A

To qualify for a Chapter 7 bankruptcy, a debtor must complete a means test to determine whether the debtor has been living within his or her means.

A) True
B) False

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