Question

Rodney (a fictional person) was self-employed, running a successful business, seemingly healthy, and never thought he would have financial problems. Being self-employed, he lacked health insurance. One day on the job, Rodney suffered a heart attack and was hospitalized for a week. As a result, he owed more than $100,000 in hospital and medical bills to the hospital. After the heart attack, Rodney could not work in his physically demanding line of work, and his business suffered dramatically. The bills and mortgage payments kept piling up, and Rodney was sinking fast. On top of the medical bills and mortgage, he owed thousands of dollars to multiple companies and creditors. Rodney considered selling his house to get out of the financial crisis he was in, but the value of the house had dropped significantly. After much consideration, Rodney decided to file, bankruptcy. In the end, he decided he would rather have a bankruptcy on his record instead of dealing with a mountain of debt.
1. Bankruptcy, ___________occurs when a debtor turns over all assets to a trustee, an individual who takes over administration of the debtor's estate.
a. An order of relief
b. An automatic stay
c. Relief
d. Liquidation
e. Bankruptcy
2. Who is defined as a debtor for liquidation purposes? Can Rodney file for bankruptcy?
a. Banks; Rodney cannot file.
b. Individuals; Rodney can file.
c. Health Maintenance Organizations; Rodney cannot file.
d. Partnerships: Rodney cannot file
e. Corporations; Rodney cannot file
3. Suppose that Rodney did not intend to file for voluntary liquidation. Could he be forced into bankruptcy?
a. No, he must file the bankruptcy himself.
b. Yes, because he has more than 12 creditors.
c. Yes, because he has a single creditor with a claim of more than $12,300 in debt.
d. No, because people who are self-employed cannot be forced into filing.
4. Rodney has a lot of creditors that are trying to sue him for the debt he owes. One benefit of filing is that once a petition is filed, the code provides for a(n) _______________for almost all creditor litigation against the debtor.
a. Liquidation
b. Order of relief
c. Creditor’s meeting
d. Preferential payment
e. Automatic stay
5. If the filing of Rodney's voluntary petition is proper, the petition automatically becomes a(n):_____.
a. Fraudulent transfer
b. Creditor’s meeting
c. Preferential payment
d. Discharged debt
e. Order of relief.
6. Suppose Rodney fails to show up at his creditors' meeting with his creditors because he is scared to meet with the hospital representatives. What is a possible consequence of his failure to show?
a. His creditors will be allowed to sue him for failure to show.
b. The court may refuse to grant the bankruptcy
c. Rodney will be charged with a criminal offense.
d. There is no penalty for missing a creditor’s meeting.
e. His appointed trustee will be penalized, but Rodney will not.

Answer 1

Answer:

1. Bankruptcy, ___________occurs when a debtor turns over all assets to a trustee, an individual who takes over administration of the debtor's estate.

b. An automatic stay

2. The person defined as a debtor for liquidation purposes is

b. Individuals; Rodney can file.

3. If Rodney did not intend to file for voluntary liquidation, he could not be forced into bankruptcy.  a. No, he must file the bankruptcy himself.

4. One benefit of filing is that once a petition is filed, the code provides for a(n) _______________for almost all creditor litigation against the debtor.

e. Automatic stay

5. If the filing of Rodney's voluntary petition is proper, the petition automatically becomes a(n):_____.

e. Order of relief.

6. A possible consequence of Rodney's failure to show up at a creditors meeting is:

b. The court may refuse to grant the bankruptcy

Explanation:

In bankruptcy practices, an order for relief invokes the automatic stay.  It is a block on Rodney's debts which brings down the iron curtain, thus, separating Rodney's pre-bankruptcy from his post-bankruptcy.  It automatically creates a bankruptcy estate, which prohibits all unauthorized transfers of the Rodney's property.