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Involuntary Bankruptcy Case Study

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Business Scenarios 22-1 Voluntary vs. Involuntary Bankruptcy (a) Anyone can file for voluntary bankruptcy; they just have to be a debtor. Burke ranched is valued at $500,000 but she is only in debt with $70,000 and she can voluntarily petition herself into bankruptcy. (b) Neither Oman and Sneed force Burke into involuntary bankruptcy because she is a farmer and under these proceedings they cannot file against a farmer, who receives more than 50 percent of their gross income from farming. 22-2 Preferences The trustee (Peasle) can have the payments as preferences. Cools Springs extended the credit to Peasle, Peasle paying half of the amount owed on July 1, while Peasle father, who got paid on May 1. The payment of Cool Strings was made within …show more content…

But he following amount received by each is $600 for United Bank of the Rockies, Carlton and Dietrich will received $300 each. Because according to the code, each class (debt) in this priority must be paid before the next one and if their insufficient funds to pay the whole class than proceed are distributed equal within the class (Miller, 430-431). Business Case Problems 22-4 Discharge in Bankruptcy Harman promise to pay in 1999 to 2006 and he also signed a personal guaranty for the note which Carter Oaks Crossing defaulted. McAfree later sue them under the guaranty which the guaranty was not part of the bankruptcy filing. So, no the obligations under the guaranty have been discharge in the bankruptcy, as Harman claimed. 22-5 Discharge in Bankruptcy No, because according to the discharge exceptions the claims by creditors who were not notified of the bankruptcy and BRM was not notified and when they ask about the case they did not received no response making

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