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Bankruptcy Wiki2Web Clarity Challenge

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Study Guide: Global Perspectives on Bankruptcy and Insolvency Law

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Global Perspectives on Bankruptcy and Insolvency Law Study Guide

United States Bankruptcy Law and Procedures

Bankruptcy and insolvency are interchangeable terms describing the inability to pay debts.

Answer: False

Explanation: Bankruptcy is a formal legal process initiated by a court order to provide relief to debtors unable to repay their obligations. Insolvency, conversely, is a broader financial state of being unable to meet debts as they fall due. Thus, while related, they are not interchangeable terms.

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Discharging federal student loan debt through bankruptcy in the United States is generally straightforward and does not require proving hardship.

Answer: False

Explanation: Discharging federal student loan debt in the United States through bankruptcy is exceptionally challenging and typically requires the debtor to demonstrate 'undue hardship' through a rigorous legal standard, such as the Brunner test.

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Article 1, Section 8, Clause 4 of the US Constitution grants bankruptcy powers exclusively to individual states.

Answer: False

Explanation: Article 1, Section 8, Clause 4 of the U.S. Constitution explicitly grants Congress the authority to establish uniform bankruptcy laws across the nation, not exclusive power to individual states.

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The primary federal statute governing bankruptcy in the United States is the Bankruptcy Act of 1978.

Answer: False

Explanation: The primary federal statute governing bankruptcy in the United States is Title 11 of the United States Code, commonly known as the Bankruptcy Code, not the Bankruptcy Act of 1978.

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Chapter 7 bankruptcy in the US is commonly known as a 'reorganization' bankruptcy.

Answer: False

Explanation: Chapter 7 bankruptcy in the US is commonly known as 'liquidation' or 'straight' bankruptcy, not 'reorganization' bankruptcy, which typically refers to Chapter 11.

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Chapter 11 bankruptcy allows businesses to restructure their debts while continuing operations under court supervision.

Answer: True

Explanation: Chapter 11 bankruptcy proceedings in the US are designed to allow businesses to reorganize their debts and operations under court supervision, facilitating continued business activity during the restructuring process.

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Chapter 13 bankruptcy repayment plans in the US typically last for one to two years.

Answer: False

Explanation: Chapter 13 bankruptcy repayment plans in the US typically span a duration of three to five years, not one to two years.

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The 'means test' in US bankruptcy filings is primarily used to determine eligibility for Chapter 11 reorganization.

Answer: False

Explanation: The 'means test' in US bankruptcy filings is primarily used to determine a debtor's eligibility for Chapter 7 (liquidation) by assessing their income level and disposable income, rather than for Chapter 11 reorganization.

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The 'automatic stay' in US bankruptcy law halts most collection actions against the debtor immediately upon filing a petition.

Answer: True

Explanation: The 'automatic stay' is a legal injunction that takes effect immediately upon the filing of a bankruptcy petition, halting most creditor collection actions against the debtor.

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Bankruptcy exemptions in the US are uniform and identical across all states.

Answer: False

Explanation: Bankruptcy exemptions in the US are not uniform; they can be based on federal law or state law, and they vary significantly from state to state, impacting the property a debtor can retain.

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Before filing for bankruptcy relief under Chapter 7 or Chapter 13 in the US, consumers are required to complete a personal financial management course.

Answer: False

Explanation: Prior to filing for bankruptcy relief under Chapter 7 or Chapter 13 in the US, consumers are required to complete credit counseling with approved agencies. A personal financial management course is required before debt discharge, not before filing.

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Chapter 9 of the US Bankruptcy Code is specifically designed for the reorganization of family farmers and fishermen.

Answer: False

Explanation: Chapter 9 of the US Bankruptcy Code is specifically designed for the reorganization of municipalities and other governmental units, not family farmers and fishermen, who are covered under Chapter 12.

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In the United States, under what specific condition can federal student loan debt typically be discharged in bankruptcy?

Answer: By demonstrating 'undue hardship' via the Brunner test.

Explanation: Discharging federal student loan debt in the U.S. bankruptcy typically requires proving 'undue hardship,' often assessed through the Brunner test criteria.

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Which part of the United States Constitution grants Congress the power to create uniform bankruptcy laws?

Answer: Article 1, Section 8, Clause 4

Explanation: Article 1, Section 8, Clause 4 of the U.S. Constitution empowers Congress to establish uniform bankruptcy laws throughout the United States.

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What is the primary federal statute governing bankruptcy in the United States?

Answer: Title 11 of the United States Code (The Bankruptcy Code)

Explanation: The primary federal statute governing bankruptcy in the United States is Title 11 of the United States Code, commonly referred to as the Bankruptcy Code.

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Which chapter of the US Bankruptcy Code is commonly referred to as 'straight bankruptcy' or 'simple bankruptcy' and involves liquidation?

Answer: Chapter 7

Explanation: Chapter 7 of the US Bankruptcy Code is widely known as 'straight bankruptcy' or 'simple bankruptcy' and involves the liquidation of a debtor's non-exempt assets.

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What is the primary purpose of Chapter 11 bankruptcy in the US?

Answer: Reorganization and rehabilitation of businesses.

Explanation: Chapter 11 bankruptcy in the US is primarily utilized for the reorganization and rehabilitation of businesses, allowing them to continue operations while restructuring their debts.

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What is the typical duration for repayment plans under Chapter 13 bankruptcy in the US?

Answer: 3 to 5 years

Explanation: Repayment plans under Chapter 13 bankruptcy in the US typically have a duration of three to five years.

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What is the function of the 'means test' in US bankruptcy filings?

Answer: To gauge the debtor's income level to determine eligibility for Chapter 7.

Explanation: The 'means test' in US bankruptcy filings assesses a debtor's income to determine their eligibility for Chapter 7 relief, potentially directing higher-income debtors to Chapter 13.

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What provision in US bankruptcy law provides immediate protection by halting most collection actions against the debtor upon filing?

Answer: The automatic stay

Explanation: The 'automatic stay' is a provision in US bankruptcy law that immediately halts most creditor collection actions upon the filing of a bankruptcy petition.

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How do bankruptcy exemptions vary in the United States?

Answer: They can be based on federal or state law and vary significantly by state.

Explanation: Bankruptcy exemptions in the United States vary considerably, being based on either federal law or state law, which differ significantly from one state to another.

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What requirement must US consumers meet *before* filing for bankruptcy relief under Chapter 7 or Chapter 13?

Answer: Undergoing credit counseling with approved agencies.

Explanation: Before filing for bankruptcy relief under Chapter 7 or Chapter 13 in the US, consumers are required to complete credit counseling with approved agencies.

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Which chapter of the US Bankruptcy Code is designated for municipal bankruptcy?

Answer: Chapter 9

Explanation: Chapter 9 of the US Bankruptcy Code is specifically designed for the reorganization of municipalities and other governmental units.

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Which US Bankruptcy Code chapter is specifically designed for family farmers and fishermen?

Answer: Chapter 12

Explanation: Chapter 12 of the US Bankruptcy Code provides specific provisions for the reorganization of family farmers and fishermen.

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What is the primary function of Chapter 7 bankruptcy in the US?

Answer: Liquidation of non-exempt assets

Explanation: The primary function of Chapter 7 bankruptcy in the US is the liquidation of a debtor's non-exempt assets to satisfy creditor claims.

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International Insolvency Systems

In Australia, companies undergo bankruptcy proceedings governed by the Bankruptcy Act 1966.

Answer: False

Explanation: In Australia, corporate insolvency is primarily governed by the Corporations Act 2001, while the Bankruptcy Act 1966 specifically addresses bankruptcy proceedings for individuals.

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A bankruptcy typically lasts for three years from the date the Statement of Affairs is filed in Australia.

Answer: True

Explanation: In Australia, an individual's bankruptcy typically concludes three years after the Statement of Affairs is filed with the Australian Financial Security Authority (AFSA), barring specific circumstances that might extend or annul this period.

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In Canada, bankruptcy can be filed if a person or company owes at least $500 that cannot be paid as it becomes due.

Answer: False

Explanation: In Canada, the threshold for filing for bankruptcy is generally a debt of at least $1,000 that cannot be paid when due, not $500.

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Creditors in Canada often accept a consumer proposal because personal bankruptcy usually results in them recovering less money.

Answer: True

Explanation: Creditors in Canada often find it advantageous to accept a consumer proposal, as personal bankruptcy typically yields a lower recovery rate for creditors compared to a successfully negotiated proposal.

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In the United Kingdom, bankruptcy legally applies only to corporations and limited liability partnerships.

Answer: False

Explanation: In the United Kingdom, bankruptcy legally pertains to individuals and partnerships. Corporate entities face insolvency through distinct procedures such as liquidation or administration.

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A creditor in the United Kingdom must be owed at least £1,000 to petition a court for involuntary bankruptcy.

Answer: False

Explanation: A creditor in the United Kingdom must be owed a minimum of £5,000 to petition a court for involuntary bankruptcy against a debtor.

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In Ireland, bankruptcy law applies to natural persons and corporate entities.

Answer: False

Explanation: In Ireland, bankruptcy law applies exclusively to natural persons (individuals); corporate insolvency is handled through separate legal frameworks.

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Israel's Insolvency and Rehabilitation Law of 2018 differentiates bankruptcy proceedings based on the total debt amount.

Answer: True

Explanation: Israel's Insolvency and Rehabilitation Law of 2018 differentiates bankruptcy proceedings based on the total debt amount, assigning cases to different authorities depending on the claim's value.

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The Dutch Bankruptcy Code exclusively covers liquidation procedures for companies.

Answer: False

Explanation: The Dutch Bankruptcy Code encompasses multiple proceedings, including 'faillissement' (liquidation), 'surseance van betaling' (suspension of payments), and 'schuldsanering' (debt reorganization for individuals), not exclusively liquidation for companies.

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In Sweden's 'skuldsanering' (debt arrangement procedure), debts arising from criminal compensation are cancelled along with other debts after the five-year payment plan.

Answer: False

Explanation: In Sweden's 'skuldsanering' procedure, debts arising from criminal compensation or business bans are typically not cancelled after the five-year payment plan and remain lifelong obligations.

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The United Arab Emirates' unified Bankruptcy Law came into effect on December 29, 2018.

Answer: False

Explanation: The United Arab Emirates' unified Bankruptcy Law came into effect on December 29, 2016, not December 29, 2018.

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Russian bankruptcy law outlines stages including monitoring, economic recovery, external control, liquidation, and amicable agreement.

Answer: True

Explanation: Russian bankruptcy law outlines a sequence of insolvency proceedings that include monitoring, economic recovery, external control, liquidation, and amicable agreement stages.

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Brazil's Bankruptcy Law (11.101/05) applies to state-run companies but excludes financial institutions.

Answer: False

Explanation: Brazil's Bankruptcy Law (11.101/05) applies to public companies but specifically excludes financial institutions and state-run companies from its application.

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India's Insolvency and Bankruptcy Code (IBC), which streamlined corporate insolvency laws, was passed in May 2016.

Answer: True

Explanation: India's Insolvency and Bankruptcy Code (IBC), enacted to streamline corporate insolvency resolution, was passed in May 2016.

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In Spain, if mortgage principal is not paid after bankruptcy and foreclosure, the debtor is praised for their efforts.

Answer: False

Explanation: In Spain, failure to pay mortgage principal after bankruptcy and foreclosure results in the debtor being placed on a list of untrustworthy individuals.

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A key duty of a trustee in bankruptcy in Canada includes selling non-exempt assets belonging to the bankrupt.

Answer: True

Explanation: A principal duty of a trustee in bankruptcy in Canada includes the sale of the bankrupt's non-exempt assets to facilitate distribution to creditors.

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In Australia, what federal law governs bankruptcy for individuals?

Answer: The Bankruptcy Act 1966

Explanation: In Australia, the federal Bankruptcy Act 1966 is the primary legislation governing bankruptcy proceedings for individuals.

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How long does a bankruptcy typically last for an individual in Australia?

Answer: Three years from the date the Statement of Affairs is filed.

Explanation: An individual's bankruptcy in Australia generally concludes three years after the Statement of Affairs is filed with the relevant authority.

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What is the minimum debt threshold for an individual or company to file for bankruptcy in Canada?

Answer: $1,000

Explanation: In Canada, the minimum debt threshold for filing bankruptcy is $1,000 that cannot be paid when due.

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What is a consumer proposal in Canada?

Answer: A negotiated agreement between a debtor and creditors.

Explanation: A consumer proposal in Canada is a formal, negotiated agreement between a debtor and their creditors to settle debts under revised terms.

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In the United Kingdom, bankruptcy, in a strict legal sense, applies to which entities?

Answer: Individuals and partnerships.

Explanation: In the United Kingdom, bankruptcy, in its strict legal definition, applies to individuals and partnerships, while corporate insolvency is managed through different procedures.

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What is the minimum debt amount a creditor must be owed to petition for involuntary bankruptcy in the UK?

Answer: £5,000

Explanation: A creditor in the UK must be owed at least £5,000 to petition a court for involuntary bankruptcy against a debtor.

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Which of the following is NOT one of the three distinct legal proceedings covered by the Dutch Bankruptcy Code?

Answer: Insolvency and Rehabilitation

Explanation: The Dutch Bankruptcy Code covers 'faillissement' (liquidation), 'surseance van betaling' (suspension of payments), and 'schuldsanering' (debt reorganization for individuals), but not a general 'Insolvency and Rehabilitation' procedure as a distinct category.

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In Sweden's 'skuldsanering' (debt arrangement procedure), what happens to debts arising from criminal compensation after the five-year payment plan?

Answer: They remain lifelong and are not cancelled.

Explanation: In Sweden's 'skuldsanering,' debts stemming from criminal compensation or business bans are typically exempt from cancellation and persist beyond the five-year payment plan.

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When did the United Arab Emirates' unified Bankruptcy Law come into effect?

Answer: December 29, 2016

Explanation: The unified Bankruptcy Law of the United Arab Emirates came into effect on December 29, 2016.

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Which of the following is NOT listed as a sequential stage of insolvency proceedings in Russian bankruptcy law?

Answer: Reorganization

Explanation: Russian bankruptcy law outlines stages such as monitoring, economic recovery, external control, liquidation, and amicable agreement. 'Reorganization' is not explicitly listed as a distinct sequential stage in the provided context.

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Which entities are specifically excluded from Brazil's Bankruptcy Law (11.101/05)?

Answer: Financial institutions and state-run companies

Explanation: Brazil's Bankruptcy Law (11.101/05) specifically excludes financial institutions and state-run companies from its application.

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What significant legislative update occurred in India in May 2016 concerning insolvency?

Answer: The passage of the Insolvency and Bankruptcy Code (IBC).

Explanation: In May 2016, India enacted the Insolvency and Bankruptcy Code (IBC), a significant legislative measure designed to streamline and consolidate corporate insolvency laws.

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In Spain, what is the consequence for a debtor if mortgage principal remains unpaid after bankruptcy and foreclosure?

Answer: The debtor is placed on a list of untrustworthy individuals.

Explanation: In Spain, failure to pay mortgage principal after bankruptcy and foreclosure results in the debtor being placed on a list of untrustworthy individuals.

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Which of the following is identified as a key duty of a trustee in bankruptcy in Canada?

Answer: Selling non-exempt assets.

Explanation: A key duty of a trustee in bankruptcy in Canada includes the sale of the bankrupt's non-exempt assets to facilitate distribution to creditors.

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Evolution and Modern Aspects of Insolvency

Modern insolvency legislation primarily focuses on the complete elimination of businesses that are unable to meet their financial obligations.

Answer: False

Explanation: Modern insolvency legislation increasingly emphasizes the rehabilitation and restructuring of businesses, aiming to preserve viable enterprises and their economic contributions, rather than solely focusing on their complete elimination.

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Comprehensive support, including debt advice and financial education, is considered crucial for individuals undergoing debt restructuring to prevent future financial distress.

Answer: True

Explanation: Providing comprehensive support, including tailored debt advice and financial education, is considered vital for individuals navigating debt restructuring processes, thereby enhancing their capacity to avoid future financial distress.

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What is the primary shift in focus for modern insolvency legislation compared to older practices?

Answer: To remodel financial structures for business rehabilitation.

Explanation: Modern insolvency legislation has shifted its primary focus from mere liquidation to the rehabilitation and restructuring of businesses, aiming to preserve their operational viability.

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Which of the following is considered crucial support for individuals undergoing debt restructuring to prevent future financial distress?

Answer: Financial education and debt advice

Explanation: Crucial support for individuals undergoing debt restructuring includes financial education and expert debt advice, which are vital for preventing future financial difficulties.

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