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Exam 13: Creditor-Debtor Relations and Bankruptcy

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Question 31

Multiple Choice

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Barth borrows funds from City Bank to pay his tuition.His mother Debi co-signs the credit application.After the loan agreement is signed,Barth agrees to a higher rate of interest without telling Debi.She is

A) discharged from the agreement.
B) liable at the higher rate of interest.
C) liable at the lower rate of interest.
D) liable for the principal only.

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

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Question 32

Multiple Choice

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To purchase a house,Becky obtains a mortgage loan from Countywide Bank.The lender should record the mortgage to

A) be officially on record as holding an interest in the property.
B) secure itself in the position of an unsecured creditor.
C) preserve a copy of the loan in a separate location.
D) obtain reimbursement for a portion of the loan if the debtor defaults.

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

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Question 33

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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.

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

Because a creditor can bear the loss on a debtor's default,mortgage insurance compensates the debtor for a loss due to a default on a mortgage loan.

To ensure that a debtor retains some form of shelter,the homestead exemption permits the debtor to retain a home at least partially free from the claims of unsecured creditors or trustees in bankruptcy.

Baby Day Care,a sole proprietorship,wants to pay as many of its obligations as reasonably possible,and be discharged of the rest.To accomplish this goal,the proprietorship should file a petition in bankruptcy under Chapter 13 for relief through

Any person-including individuals,but not partnerships or corporations-may be a debtor under Chapter 7.

To make a sale to Gourmet Inc. ,Hill Valley Commodities asks Gourmet's outside accountant Ina to co-sign a credit application.According to the terms,if Gourmet defaults,Hill Valley can look to her for payment without first pursuing legal remedies against Gourmet.Tina is

Under Chapter 7 and Chapter 11

Once a bankruptcy petition is properly filed,creditors can commence or continue most legal actions against the debtor to recover claims.

Business Sales Inc.'s debt to Cartage Company is past due.Cartage brings a legal action against Business Sales to collect.To ensure that a judgment in the creditor's favor will be collectible,Cartage asks the court to order the seizure of the debtor's property.This is a request for

One of the Bankruptcy Code's main goals is to ensure preferential treatment of certain creditors who are competing for a debtor's assets.

Most liens have little practical use,because liens generally do not take priority over other claims to the same property.

At the time of the filing of the petition and the time of the filing of the plan,Chapter 13 imposes on the debtor the requirement of

To purchase a house,Clyde obtains a mortgage loan from Debit Bank.Clyde defaults on the payments on the loan.The bank has

Under the Bankruptcy Code,the means test is used to

United Contractors Inc.holds a lien on Vista Estate's real property.This property can be sold to satisfy the debt if,before the sale,notice is given to

Under any chapter of the Bankruptcy Code,failing to file the necessary documents with the debtor's petition for relief can result in

If a voluntary petition in bankruptcy is found to be proper,the court's entry of an order for relief