Johnson joined other creditors of Alpha Company in a
composition agreement seeking to avoid the necessity of a
bankruptcy proceeding against Alpha. Which statement describes the
composition agreement? |
|
|
It provides for the appointment of a receiver to take over and
operate the debtor’s business. |
|
|
It provides that the creditors will receive less than the full
amount of their claims. |
Correct |
A composition with creditors is a common-law contractual
undertaking between the debtor and the creditors. The participating
creditors agree to extend time for payments, take lesser sums in
satisfaction of the debts owed, or accept some other plan of
financial adjustment. Under general contract law, the original
debts will notbe discharged until the debtor has performed the new
obligations |
It must be approved by all creditors. |
|
|
It provides a temporary delay, not to exceed six months,
insofar as the debtor’s obligation to repay thedebts included in
the composition is concerned. |
|
|
|
|
|
Freeman Company ceased doing business and is in bankruptcy.
Among the claimants are employees seeking unpaid wages. The
following statements describe the possible status of such claims in
a bankruptcy proceeding or legal limitations placed upon them.
Which one is an incorrect statement? |
|
|
Such claims include wages earned within 180 days before the
filing of the bankruptcy petition, but not to exceed $4,650 in
amount. |
|
|
If a priority is afforded such claims, it cannot exceed $4,650
per wage earner. |
|
|
The amounts of excess wages not entitled to a priority are mere
unsecured claims. |
Correct |
The claim is reduced to a general unsecured claim. |
Such claims are entitled to priority. |
|
|
|
|
|
Which of the entities listed is not subject to an involuntary
bankruptcy petition? |
A municipality. |
|
Correct |
A partnership. |
|
|
A retailing corporation. |
|
Involuntary bankruptcies can not be filed against
banks, insurance companies, not-for-profit organizations, credit
unions, farmers, or family farmers. |
A wholesaler company. |
|
|
|
|
|
The highest priority for payment of unsecured claims in a
bankruptcy proceeding is: |
Wages owed to an insolvent employee. |
Correct |
Moneys owed to employees are given special status. |
Wages up to $4,650 earned within three months before the
petition. |
|
Unpaid federal income taxes. |
|
|
Administrative expenses of the bankruptcy. |
|
|
|
|
|
Which of the following situations that arise because of a
debtor’s financial difficulties and would not otherwise be
acceptable to the creditor must be accounted for as a troubled debt
restructuring? |
Because of a court order, a creditor reduces the stated interest
rate for the remaining original life of the debt.
|
Correct |
|
Because of a court order, a creditor accepts as full
satisfaction of its receivable a building the fair value of which
equals the creditor’s recorded investment in the receivable. |
|
|
As part of a negotiated settlement, a creditor accepts as full
satisfaction of its receivable a building the fair value of which
equals the debtor’s carrying amount of the payable. |
|
|
As part of a negotiated settlement designed to maintain a
relationship with a debtor, a creditor reducesthe effective
interest rate on debt outstanding to reflect the lower market
interest rate currently applicableto debt of that risk class. |
|
|