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- Joy steals a check from Kyle, forges his signature, and transfers the check to Loco Loans, Inc. for value. Unaware that the signature is not Kyle’s, Loco Loans presents the check to Metro Bank, the drawee, which cashes the check. Kyle discovers the forgery and insists that Metro recredit his account. Can Metro refuse? If not, from whom can the bank recover?Kim Kardashian borrowed $200,000 from Big Bank to buy inventory to sell in her make-up shop. She signed a security agreement for the bank listing the entire present and future inventory in the make-up shop, including proceeds from the sale of inventory as collateral. Big Bank never filed a financing statement. A month later, Kim borrowed $50,000 from Kanye Creditor, who was aware of Big Bank’s security interest. Kim Kardashian then defaulted on both loans and declared bankruptcy. Who has priority, Big Bank or Kanye Creditor?Sondra and Neil Kumaraperu owned a private day-care center and preschool. The preschool maintained a checking account and an operating account, but only Neil and Ranjini Niyarapola (a former owner) were on the signature cards. after Neil’s death, Sondra discovered that the school’s director had inadvertently deposited a check for the operating account into the checking account. so she wrote a check out to herself, signed Niyarapola’s name, and deposited it into the operating account. Was the check issued?
- Ginny DeWitt borrowed $30,000 from SunTrust Bank to pay for her first year of college and signed a promissory note that required payments to start six months after graduation or the student fails to enroll in at least one-half of the full time load. Ginny dropped out of college to pursue her passion of opening a gift shop. When Ginny failed to pay the debt, SunTrust transferred the note to First Bank in New York. New York Bank obtained a court order allowing it to garnish Ginny’s wages and her federal income tax refund. Ginny filed a lawsuit seeing to avoid the payment, claiming the debt was not valid because she did not sign any documentation promising to pay First Bank. She also argued that the note lacked consideration. Explain the holder or holder in due course status of SunTrust when the bank took the note from Ginny and then First Bank when it took the note from SunTrust. Address GInny’s arguments concerning the validity of the debt. Determine the outcome of the case and…A contractor has agreed to build a home for Jane for $300,000. Early in the construction of the home, Jane is informed by the bank that she can only have a $280,000 loan. Jane speaks to the contractor, asking if he would drop his price by $20,000. As it happens, she called the contractor while he was watching his daughter on stage accepting an award for her dance performance. He took Jane's call and being so emotionally overwhelmed at the time by his daughter's success, that he told Jane sure, no problem. However, when it came time for final payment, he told Jane he changed his mind and needs full payment. Jane comes to see you, her lawyer, and asks for your advice. What do you tell her?explain in detail the penalty for failure to furnish a return or statement (section 182) and penalty for concealement of income (section 184)
- Khalil bought Roots Café in New York from its previous owner. Khalil was eating a meal at Roots Café and mentioned to the owner that he would like to own a business of his own someday. The owner also had purchased the restaurant but was never able to make it a profitable business. The owner offered to sell Khalil Roots café. Khalil got a loan from a family member and was able to buy the company assets for $8,000 less than the seller's asking price. Through which of the following sources has Khalil found out that Roots Café was for sale? * Advertisement Hidden market A "for sale" sign Restaurant associationNick steals two checks from Pauline—a blank check and a check payable to the order of Retail Outlets Company, drawn on Pauline’s account with State Bank. Nick forges Pauline’s signature on the blank check and makes it payable to himself. Nick forges Retail Outlets’s indorsement on the back of the check payable to Retail Outlets, and adds “Pay to the order of Nick.” At United Credit Union, Nick indorses the back of both checks with his own name and gives them to United for cash. United does not know about the theft or the forged signatures and presents the checks to State Bank, which pays them. Pauline, who was not negligent, discovers the forgeries and asks State Bank to recredit her account. Who suffers the loss on each check?Under what conditions would a CPA accept a confirmation of securities in the possession of a custodian instead of inspecting the securities themselves?
- Bass, an automobile dealer, had an inventory of 40 cars and 10 trucks. He financed the purchase of this inventory with County Bank under an agreement dated January 5 that gave the bank a security interest in all vehicles on Bass's premises, all future- acquired vehicles, and the proceeds from their sale. Bass received possession of the inventory on the same date. On January 10, County Bank properly filed a financing statement that identified the collateral in the same way that it was identified in the agreement. On April 1, Bass sold a passenger car to Dodd for family use and a truck to Diamond Company for its hardware business. Which of the following is true? A) The security agreement may not provide for a security interest in after- acquired property even if the parties so agree. D) The security interest of County Bank does not include the proceeds from the sale of the truck to Diamond Company. O B) County Bank's security interest is perfected as of January 10. C) The passenger car…Jones drew a check for $1,000 on The First Bank and mailed it to the payee, Thrift, Inc. Caldwell stole the check from Thrift, Inc.; chemically erased the name of the payee; and inserted the name of Henderson as payee. Caldwell also increased the amount of the check to $10,000 and, by using the name of Henderson, negotiated the check to Willis. Willis then took the check to The First Bank; obtained its certification on the check; and negotiated the check to Griffin, who deposited the check in The Second National Bank for collection. The Second National Bank forwarded the check to the Detroit Trust Company for collection from The First Bank, which honored the check. Griffin exhausted her account in The Second National Bank, and the account was closed. Shortly thereafter, The First Bank learned that it had paid an altered check. What are the rights of each of the parties?Using Banking law Jargon, Brent Braxton, Carlyle Christian and Deborah Drummond together provided three separate guarantees in writing to the National Commercial Bank (NCB) of (Your Jurisdiction) Limited, regarding the promissory notes issued by Anthony Limited to NCB. The guarantees were made by Deed for US$200,000 each and clearly stated that if Anthony Limited defaulted on the repayment of the US$200,000 the money would be repaid by each of the guarantors. The NCB has written to BB, CC and DD requesting the repayment of the borrowed sums. However, BB, CC and DD are contending that they are secondarily liable for repayment of the borrowed sums. You have been asked to prepare legal advice for the Board of Directors on this matter. What is the nature of the advice you will give to NCB?