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- 1.An entity shall offset an asset relating to one plan against a liability relating to another plan when, and only when, the entity: has a legally enforceable right to use a surplus in one plan to settle obligations under the other plan intends either to settle the obligations on a net basis, or to realize the surplus in one plan and settle its obligation under the other plan simultaneously Neither. Both 1 and 2. 1 only. 2 only.State whether the following agreements or contracts are void, voidable valid, and provide a reason for your answer Q.2.6 Paul, an unrehabilitated insolvent, enters into an agreement to sell an asset which is excluded from the insolvent estate.Q.2.7 Jennifer is married to Mark in community of property. She signs surety for a loan that her sister has taken out, however she did talk to Mark about it over the telephone and he verbally agreed. Q.2.8 Caleb, aged 10, accepts a donation from his grandparent. Caleb was not assisted by a parent.(a) As a general rule, does the death of either the creditor or the debtor extinguish obligations that are transmissible to the heirs? (b) Are monetary obligations under a contract of surety intransmissible by their nature, by stipulation, or by provision of law? (c) Will the death of the principal debtor convert, decrease or nullify the substantive right of the solidary creditor?
- John Bunker has assets of $130,000 and liabilities of $185,000 owed to nine creditors. Nonetheless, his cash flow is positive, and he is making payment on all of his obligations as they become due. I. M. Flintheart, who is owed $22,000 by Bunker, files an involuntary petition in bankruptcy under Chapter 7 against Bunker. Bunker contests the petition. What result? Explain.Under our NCC, an heir may institute an action for rescission of a rescissible contract in his capacity as a representative or successor-in-interest of a person who suffers from lesion or of the creditor who is defrauded. Suppose, however, that it can be established that the decedent, during his lifetime, entered into a contract with another in order to defraud him of his legitime, can he institute an action for the rescission of such contract after the death of the decedent?Mrs. Peal is the caregiver for Mrs. Hasham, a wealthy widow aged 92. Mrs. Hasham suffered from dimensia, and does not usually remembers what she does. Upon Mrs. Hasham’s death, it was discovered that Mrs. Pearl was the beneficiary of all Mrs. Hasham’s estate. Mrs. Hasham’s children wants to contest the Will that gives everything to Mrs. Pearl. They cannot as Mrs. Hasham was a mature woman. They cannot as Mrs. Hasham could will to whomever she chose. Yes, they can contest, as Mrs. Hasham might not have known what she was doing. Yes, the children are in need. There can be no action
- a. Benson goes into bankruptcy. His estate is not sufficient to pay all taxes owed. Explain whether Benson’s taxes are discharged by the proceedings. b. Benson obtained property from Anderson on credit by representing that he was solvent when in fact he knew he was insolvent. Explain whether Benson’s debt to Anderson is discharged by Benson’s discharge in bankruptcy.JP received an amount ofP100,000.00 from RT, payable on orbefore November 15, 2021. It isstipulated in their contract that incase no payment is received onNovember 15, 2021, JP will act asthe courier of plants in the liveselling business of RT until his loanis paid. However, despite demandfrom RT when the obilgationbecomes due, JP refused & stillrefuses to act as courier in theplants live sellinsiness of RT.Anderson and Tallstrom are partners in Rancho Murieta Investors (RMI). Anderson owns 80 percent of RMI; Tallstrom owns the other 20 percent and is the managing partner of RMI. Hellman obtained judgments against Anderson in his individual capacity for more than $440,000. After various unsuccessful attempts to enforce the judgments, Hellman obtained an “Order Charging Debtor John B. Anderson’s Partnership Interest” in RMI. Despite the charging order, Hellman has not received any monies in satisfaction of the judgments because RMI had not generated profits and was not expected to do so in the near future. Explain what Hellman’s rights are with respect to the unsatisfied charging order.
- Leonard Wolfe was killed in an automobile accident while driving his Toyota Camry. The car was rendered a total loss, and Wolfe’s insurance carrier paid his estate $18,550 for damage to the vehicle. Under the terms of Wolfe’s will, any car owned at his death was to be given to his brother, David. Wolfe’s daughter, Carol, however, brought an action, claiming that the gift of the car to David was adeemed by its total destruction and that she, as the residuary legatee under the will, was entitled to the insurance proceeds. Who is entitled to the insurance proceeds?A contract of real mortgage shall cover the following, except:Omega Ltd. is having a paid-up capital of one billion rupees. Ocean Ltd. which is one of the promoters of Omega Ltd holds a paid-up capital of two hundred million rupees. The articles of the association of Omega Ltd provide that the company’s Board of directors would constitute 12 directors. There are at present 12 directors on the Board of Omega Ltd. including one managing director (Mr. Karan). The Ocean Ltd wishes to replace the MD (Mr. Karan) by appointing a new MD Mr. Rohan and also to appoint one new independent director (Mr. Sohan) on the Board of Omega Ltd. For this purpose, Ocean Ltd has made a written request to the Board of Omega Ltd to convene an extraordinary general meeting to replace the MD and appoint a new independent director on the Board on 16th October 2021. The Board of Directors in its meeting on 29th October 2021 dismissed the request of Omega Ltd. on the ground that not more than 12 directors can be appointed on the Board of the company. Ocean Ltd. is desirous to…