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Camptastic213 Camptastic213
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6 years ago
What is the purpose of a 341 Meeting of the Creditors? When does this meeting occur? Describe what happens at this first meeting.
 
  What will be an ideal response?

Q. 2

Distinguish voidable preferences from fraudulent transfers. Describe some of the ways the trustee makes the determination whether a transfer the debtor made was fraudulent or if the debtor is culpable for preferring one creditor over another. Use examples to illustrate your points. Why are these types of transfers voidable?
 
  What will be an ideal response?

Q. 3

A(n) ________ occurs when the debtor transfers assets to a creditor prior to filing for bankruptcy.
 
  Fill in the blank(s) with correct word

Q. 4

A(n) ________ claim is a loan granted to the debtor in exchange for a lien on the property.
 
  Fill in the blank(s) with correct word

Q. 5

Which of the following is not a defense to negligence?
 
  a. self-defense
  b. comparative negligence
  c. assumption of the risk
  d. immunity

Q. 6

At the first meeting of the creditors, the trustee reviews the debtor's ________, and invites the creditors who are present to do the same.
 
  Fill in the blank(s) with correct word
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Replies
wrote...
6 years ago
(Answer to #1)  Student should discuss this meeting as a time when creditors may be heard regarding the debtor's petition, schedules, and statements. It is also a time for the debtor to respond to any inquiries or objections raised by the creditors. Student should cite most or all of the questions that the trustee may ask the debtor at the 341 hearing.

(Answer to #2)  The student should discuss voidable preferences in the context of the debtor paying one creditor (favoring) over another and give examples. Student should discuss fraudulent conveyances in the context of suspicious transfers of property by the debtor a year or two (depending on whether actual fraud or constructive fraud is evident) prior to filing bankruptcy. Student should discuss the inequity suffered by creditors if these types of transfers are allowed. The Bankruptcy Code seeks fair treatment of creditors and debtors alike.

(Answer to #3)  voidable preference

(Answer to #4)  secured

(Answer to #5)  a

(Answer to #6)  petition, schedules, and statements
Camptastic213 Author
wrote...
6 years ago
Thank you soooo very much, it was really helpful and kind of you to answer my q's
wrote...
6 years ago
You're welcome, once again
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