The Legal Environment of Business: Text and Cases (MindTap Course List)
The Legal Environment of Business: Text and Cases (MindTap Course List)
10th Edition
ISBN: 9781305967304
Author: Frank B. Cross, Roger LeRoy Miller
Publisher: Cengage Learning
Question
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Chapter 15, Problem 2BS

(a)

Summary Introduction

Case summary: Person B has been a rancher all her life. Her ranch is valued at $500,000. Person B has total 8 creditors and an indebtedness of $70,000. Among all the creditors two of the largest creditors are person O with a debt of $30,000 and person S with a debt of $25,000. The rest of the six creditors have a claim of less than $5,000. The drought has ruined all crops of person B. B cannot pay off her creditors.

To find: The validity of a voluntary petition of the bankruptcy of person B with a $500,000 ranch.

(b)

Summary Introduction

Case summary: Person B has been a rancher all her life. Her ranch is valued at $500,000. Person B has total 8 creditors and an indebtedness of $70,000. Among all the creditors two of the largest creditors are person O with a debt of $30,000 and person S with a debt of $25,000. The rest of the six creditors have a claim of less than $5,000. The drought has ruined all crops of person B. B cannot pay off her creditors.

To find: The validity of involuntary bankruptcy petition because of the force of person O or person S.

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Students have asked these similar questions
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.
Sally and Tom decide to go into business, selling discounted merchandise through their website “e-Buy.” They sign a partnership agreement that requires Sally to contribute $12,000 and Tom to contribute $8,000 in capital to start the firm. The agreement also states that only Sally will have the authority to bind the partnership in deals with third parties, but the agreement says nothing about the management of the firm or a division of profits. Without Sally’s knowledge, Tom tells United Computer Products, Inc., that he represents the firm and signs a contract with United to buy hard drives for resale on e-Buy. In the first year, e-Buy makes a profit of $50,000. What are the partners’ rights with respect to the management of the firm? Is the partnership bound to the contract with United? Do the partners split the first year’s profits? If so, how much is each entitled to?
Explain the circumstances under which you feel a consumer bankruptcy is appropriate, and when the ability to have a debt eliminated should be restricted.
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