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johnnybagggs johnnybagggs
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Posts: 345
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6 years ago
Distinguish between actual and constructive notice, and give an example of each.
 
  What will be an ideal response?



Q. #2

What does it mean for a contract to say that time is of the essence?
 
  What will be an ideal response?



Q. #3

Who are the participants in a bankruptcy case? Describe their respective roles in the bankruptcy process.
 
  What will be an ideal response?



Q. #4

Is an offer to purchase the same as an agreement of sale? If not, how is it different? How is it similar?
 
  What will be an ideal response?



Q. #5

The ________ presides over bankruptcy proceedings, serving a 14-year term.
 
  Fill in the blank(s) with correct word



Q. #6

A(n) ________ is a group that represents creditors that have claims against a business in a bankruptcy proceeding.
 
  Fill in the blank(s) with correct word
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wrote...
6 years ago
(Answer to Q. 1)  Actual notice is first -hand knowledge that something was true or had occurred. For example, if John knows Ken recorded his deed first because he checked with the recording office, John has actual knowledge of the recording.
Constructive notice involves a situation where a person may not have actual notice,
but knowledge can be imputed to a person. For example, if John is told by Ken's business partner that Ken recorded a deed, John has constructive notice of the recording. All recorded documents are treated as giving notice to the world, so whether John checks the public records or not, he is charged with constructive notice of the recorded documents.

(Answer to Q. 2)  This provision, which appears in most contracts of sale has been interpreted to mean that the times, dates, and deadlines set forth in the contract are essential to the fulfilling of the terms of the contract.

(Answer to Q. 3)  Students should mention and describe, at minimum, the roles of the debtor, bankruptcy attorney and paralegal, bankruptcy judge, trustee, the various creditors.

(Answer to Q. 4)  An offer to purchase represents a proposed agreement of sale listing the sales price and other conditions from the buyer. The offer to purchase is presented to the seller and if the seller accepts the terms and signs it, then it becomes an agreement of sale.

(Answer to Q. 5)  bankruptcy judge

(Answer to Q. 6)  creditors' committee
johnnybagggs Author
wrote...
6 years ago
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