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pid pid
wrote...
Posts: 325
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6 years ago
Truth is a defense to defamation but not a defense to disparagement.
 
  Indicate whether the statement is true or false

Q. 2

Protection under the Automatic Stay is also extended to the ________ of a debtor in Chapter 13 cases, that involve consumer debt only, and remains in effect until the debtor's case is closed.
 
  A) Joint debtors
  B) Co-debtors
  C) Business partners
  D) Limited partners

Q. 3

The family law exception includes the following types of cases:
 
  A) Child custody or visitation
  B) Establishment of paternity
  C) Establishment or modification of an order for domestic support
  D) Family business collections
  E) A, B, and C
  F) None of the above

Q. 4

In a typical lease agreement:
 
  A. Most landlords have the right to collect a security deposit
   B. Landlords may not conduct credit and employment background checks
   C. Leases must include utilities and other services in the rent
   D. Landlords have the exclusive right to define what constitutes normal wear and tear

Q. 5

Explain how the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 affected the bankruptcy system.
 
  What will be an ideal response?

Q. 6

The Automatic Stay is a(n) ________ against the debtor's creditors and claimants and requires no court action on the part of the debtor other than actually filing the petition.
 
  A) Motion
  B) Automatic cycle
  C) Injunction
  D) Automatic discharge

Q. 7

Who is the private trustee and what is his or her role in a bankruptcy case?
 
  What will be an ideal response?
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wrote...
6 years ago
(Answer to #1)  FALSE

(Answer to #2)  B

(Answer to #3)  E

(Answer to #4)  A

(Answer to #5)  Student should identify the year this legislation came into effect and why. Student should cite reasons such as abuse of the bankruptcy system, how congress deemed it more advantageous to the economy that debtors be held more responsible to pay debts in certain situations. Also, the student should cite some of the major changes made by BAPCPA  such as means testing, time limitation to file another liquidation, pre and post-petition credit counseling and the greater responsibility placed on bankruptcy attorneys.

(Answer to #6)  C

(Answer to #7)  The role of the private trustee is different from that of the U.S. trustee. Private trustees are appointed by the U.S. trustee to administer bankruptcy estates filed under Chapters 7, 11, and 13. Private trustees are not considered government employees but are private attorneys supervised by and working in conjunction with the U.S. trustee. There are two types of private trustees. One is a panel trustee, who serves on a panel in a particular judicial district and is assigned Chapter 7 bankruptcies and functions, in a role similar to that of an executor in a probate estate. The duties of the panel trustee consist of collecting the debtor's nonexempt assets, liquidating them to raise funds, and distributing whatever is left over to the creditors in order of priority. Standing trustees are responsible for administering Chapters 11 and 13 bankruptcies in designated geographic areas within the judicial district. Standing trustees who administer Chapter 13 cases review the financial status of the debtor, make recommendations to the bankruptcy court regarding confirmation of the debtor's repayment plan, collect money from debtors, and make payments to creditors pursuant to a bankruptcy court repayment plan. No trustees are appointed in Chapter 11 cases in which the debtor serves as its own trustee unless cause exists, in which case, the U.S. trustee or creditor can motion the court for the appointment of a case trustee.
pid Author
wrote...
6 years ago
he fact that I can't marry you saddens me.
wrote...
6 years ago
Ummmm... Are you proposing? Let's keep this PG13 Grinning Face with Smiling Eyes
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