R6 - M1 - Bankruptcy: Part 1 오답노트

• MCQ-01888: garnish the debtor's wages: 채무자의 임금을 환수하여 채무자에게 돌려주는 행위.
  • Acts as an automatic stay of actions 라는 것은 filing a valid petition in bankruptcy (유효한 파산 신청)을 함으로써 다음에 올 행동들을 "중지" 시키게 된다는 뜻. 문제의 의도를 반대로 파악해서 틀렸음.
• MCQ-01345: Chapter 7을 file할 수 있으면 Chapter 11을 file 할 수 있고 (추가로 7에선 안 됐던 철도 공사도 허락해 줌), Chapter 7을 file할 수 있으면 Chapter 13도 file할 수 있다.) (Chapter 11은 본디 사업자를 위한 제도 reorganization 이었는데 개인도 가능케 함)
• MCQ-01892: Automatic Stay의 정의. The stay stops almost all collection efforts (e.g. filing a lawsuit or simply demanding payment). It stops the enforcement of a judgmental lien against property in the bankruptcy estate.
• MCQ-08884: Farmers and nonprofit charities cannot be petitioned involuntarily into bankruptcy. 미국은 참 농업에 예민해.
• MCQ-10972: Chapter 11 of the federal Bankruptcy Code - A creditor must wait 120 dyas to file a plan unless a trustee has been appointed (note, the general rule in a reorganization is that a trustee is not appointed).
• MCQ-10968: A person who has voluntarily filed for and received a discharge in bankruptcy must surrender for ditsribution to the creditors amounts received as an inheritance, if the receipt occurs within 180 days after filing the bnankruptcy petition. The person will not be discharged from all debts. For example, alimony is not discharged, and netiher are debts arising from fraud.
• MCQ-10985: When a debtor filed voluntarily and received a discharge in bankruptcy under the provisions of Chapter 7 of the federal Bankruptcy Code, he or she can obtain another voluntary discharge in bankruptcy after "eight" years have passed.
• MCQ-05033: Fraudulent transfer vs. Voidable preference. Fraudulent transfer is a transfer made within two years of the filing date with an intent to hinder, delay, or defraud creditors or any transfer where the debtor received less than equivalent value while the debtor was insolvent. This may be set aside by the trustee.
  • On the other hand, a voidable preference is a transfer made to benefit one creditor over other creditors on account of an antecedent debt. 
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