August 11, 2023 Bankruptcy Quiz
What should you tell a client about how the client's social security number will be disclosed in their Chapter 7 bankruptcy case?
(A) On the Chapter 7 petition, only the last 4 numbers of the client's social security number will show.
(B) When the client's creditors receive the Notice of Chapter 7 Bankruptcy Case (Form 309A) in the mail, the client's entire social security number will be unredacted.
(C) On the electronic bankruptcy docket, users will only be able to see the last four numbers of the client's social security number on the Notice of Chapter 7 Bankruptcy Case (Form 309A).
(D) A and C, only.
(A), (B), and (C).
Your client tells you that she has resided in your state continuously for over 11months. Can she use your state's exemptions in her Chapter 7 case?
Yes, but only if she signs a statement under oath that she intends to permanently reside in your state.
Yes, because she has resided in your state for more than 180 days.
No, because she has not resided in your state continuously for at least 12 months.
No, because she has not resided in your state continuously for at least 2 years prior to filing her case.
Your client discloses to you that she has three debts: a $3,000 vehicle debt; a $2,000 income tax debt to the IRS; and a $1,500 debt she owes her dad when he loaned her money to start a mobile pet grooming business. She wants to know if she can avoid the means test altogether. Can she?
No, because her $1,500 business debt is less than 50% of her total debts.
Yes, because her consumer debts ($3,000) are less than her non-consumer debts ($3,500).).
It depends on her income.
It depends on how courts in her jurisdiction characterize income tax debts.
Your client wants to file a Chapter 7 case and asks whether he has to disclose information about his wife's disability income on Schedule I. Which of the following is the most accurate answer?
Yes, but only if his wife is filing a joint Chapter 7 case with him.
Yes, regardless of whether his wife is filing a joint Chapter 7 case with him.
Yes, unless she's not filing a Chapter 7 case with him and she is separated from him.
No, because disability income never has to be disclosed in a Chapter case.
Your client tells you that, before she finally gave up, she had paid a significant number of her creditors in the one-year period prior to the date on which she plans to file her Chapter 7 case. She wants to know if she has to disclose those payments on the Statement of Financial Affairs. What are the relevant factors in answering her question?
Whether her debts are primarily consumer debts.
Whether the payments were to insiders of the debtor on debts owed to those insiders.
The amount that each of the respective creditors received from her.
All of the above.
You file a pro bono Chapter 7 case for your client. 13 months later, while her case is still open, she calls to tell you that her grandmother died after she filed her case and that she inherited her grandmother's antique sewing machine. Is the sewing machine property of the estate?
Yes, because, under Section 541 of the Bankruptcy Code, property of the estate includes property acquired during the pendency of the case.
Yes, but only if her grandmother's will existed on or before the petition date and your client is listed as the person who will inherit the sewing machine.
No, because she did not inherit the sewing machine within 180 days after she filed the case.
No, because she did not inherit the sewing machine within 365 days after she filed the case.
Your client informs you that his landlord sued him pre-petition and got a judgment for (i) possession on his apartment lease and (ii) past due rent. Which of the following statements is true?
(A) Generally, the automatic stay will freeze the landlord's right to seek possession and to collect on the past due rent.
(B) Generally, the automatic stay will neither freeze the landlord's right to seek possession nor the landlord's right to collect on the past due rent.
(C) Generally, the automatic stay will not freeze the landlord's right to seek possession but will freeze his right to collect on the past due rent.
(D) Generally, the landlord's rights after the petition date as to possession and past due rent collection will depend on what your client agreed to in the lease.
While you've agreed to file your client's Chapter 7 case pro bono, you did ask him to pay $50.00 as soon as possible to cover your actual expenses. However, he's unemployed and can't afford to pay the filing fee immediately. What are his options?
(A) He can apply for a court order allowing him to pay the filing fee in up to 180 days after the petition date.
(B) He can apply for a court order excusing him from having to pay the filing fee.
(C) He can apply for a court order allowing him to pay the filing fee in up to 120 days after the petition date, in installments, but only if he promises the court that he will not pay the $50 for the expenses until after he pays the full filing fee.
(A) and (B)
(B) and (C)
Bonus: An unsecured creditors committee can be formed in a Chapter 7 case.
True
False
{"name":"August 11, 2023 Bankruptcy Quiz", "url":"https://www.quiz-maker.com/QAO90KDAP","txt":"What should you tell a client about how the client's social security number will be disclosed in their Chapter 7 bankruptcy case?, Your client tells you that she has resided in your state continuously for over 11months. Can she use your state's exemptions in her Chapter 7 case?, Your client discloses to you that she has three debts: a $3,000 vehicle debt; a $2,000 income tax debt to the IRS; and a $1,500 debt she owes her dad when he loaned her money to start a mobile pet grooming business. She wants to know if she can avoid the means test altogether. Can she?","img":"https://www.quiz-maker.com/3012/images/ogquiz.png"}
