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
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Question
Chapter 15, Problem 4CT
Summary Introduction
Case summary:Student loan debt has reached its peak with an amount of $1.2trillion outstanding amount. This sector accounts for the highest delinquency among all forms of debts. Approximately about 20 percent are in default. Governments are seeking plans to counter this problem. The U.S. Department of Education has decided to collect the debt in three ways.
To explain: The grounds for discharge of student loan under the Bankruptcy Code.
Summary Introduction
Case summary: Student loan debt has reached its peak with an amount of $1.2trillion outstanding amount. This sector accounts for the highest delinquency among all forms of debts. Approximately, about 20 percent are in default. Governments are seeking plans to counter this problem. The U.S. Department of Education has decided to collect the debt in three ways.
To explain: The argument to allow the discharge of student loan.
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“One of the ways in which fraud upon the bankruptcy system occurs is when debtors intentionally conceal assets from the bankruptcy process. Indeed, reported bankruptcy court decisions are rife with examples of debtors attempting to hide or shield assets from their creditors. Debtors who are discovered concealing assets are subject to certain civil remedies, such as the dismissal of their bankruptcy case or the denial of the discharge of their preexisting indebtedness”.
Required:
Critically explain three common ways that fraud perpetrators conceal and transfer assets/ income during bankruptcy.
Explain the circumstances under which you feel a consumer bankruptcy is appropriate, and when the ability to have a debt eliminated should be restricted.
What is bankruptcy, and how can it be used as an unethical tool?
Chapter 15 Solutions
The Legal Environment of Business: Text and Cases (MindTap Course List)
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Similar questions
- What key strategies can organizations adopt to effectively manage bankruptcy and navigate through the challenges it poses, ensuring a smoother transition and potential recovery?arrow_forwardWhen a general partnership is sued, the lawsuits often go after the more wealthy partners, ( a) True 0 b) Falsearrow_forwardRonald Powers, a well-known local entrepreneur, owned several businesses that filed for bankruptcy from 2010 to 2015. Last year, Powers established R. P. Properties, Inc. Powers is the sole shareholder and invested $2,500 in the company as a capital contribution. R.P. Properties, Inc. purchased 4 houses using a $600,000 loan obtained from the bank. Powers planned to fix up the homes a little and give renters a break on the rent if they agreed to do some repairs. R.P. Properties skipped several mortgage payments on the houses even though his tenants paid the rent. R.P. Properties is no longer able to pay its bills. As one of R.P. Properties' creditors, you seek to hold Powers personally liable for the debts of the company. Will you be successful in holding Powers responsible for the company's debts? Explain why or why not.arrow_forward
- Which of the following is a goal of bankruptcy law? a. to provide relief and protection to debtors b. to provide a fair means of distributing a debtor's assets among creditors c. to pay all creditors in full d. to provide relief and protection to debtors and to provide a fair means of distributing a debtor's assets among creditorsarrow_forwardThe liability for special assessment bonds for which the city is not obligated in any manner should be recorded in a Multiple Choice Debt service fund general journal. None of the fund or governmental activities general journals, but should be disclosed in the notes to the financial statements. Governmental activities general journal. Custodial fund general journal.arrow_forwardNoodleoo, a struggling restaurant chain, wants to enact a franchise agreement with Stephen to sell its product through a chain-style franchise. Stephen agrees and opens the store, and 6 months later Noodleoo goes bankrupt. Which is most likely true of this situation? Stephen was not responsible for looking into the financial status of Noodleoo before making the agreement. The Franchise rule does not apply to struggling companies. If Noodleoo was not transparent with its financial data, Stephen has no recourse. If Noodleoo was not transparent with its financial data, it has broken the Franchise Rule.arrow_forward
- The concepts of the appointment, duties of directors as well as to whom these duties are owed together with the effects and procedure for mergers and acquisition as well as the raising of capital and winding up by companies have been subject to a long-standing debate in the country and beyond. Whereas some believe that a reformation in the Law is the only way out, others are of the opinion that these are issues that would die out with the passage of time and should therefore be left as it is. As a member of the society for black business administration students you have been invited to attend the 35th international conference on law reform with a slot to present a position paper on the subject. Cease the opportunity to clarify the position of the law in respect of the above using statutes and caselaw as your main point of referencearrow_forwardThe concepts of the appointment, duties of directors as well as to whom these duties are owed together with the effects and procedure for mergers and acquisition as well as the raising of capital and winding up by companies have been subject to a long-standing debate in the country and beyond. Whereas some believe that a reformation in the Law is the only way out, others are of the opinion that these are issues that would die out with the passage of time and should therefore be left as it is. As a member of the society for black business administration students you have been invited to attend the 35th international conference on law reform with a slot to present a position paper on the subject. Cease the opportunity to clarify the position of the law in respect of the above using statutes and caselaw as your main point of referenarrow_forwardtrue or false 1. Ali incorporated his business so that he has unlimited liability to shield him against personal liability claim by the creditors 2. Applying first-aids to an injured worker while waiting for an ambulance to send him to hospital is a risk management technique called salvage. 3. Deductible can be used to retain property losses 4. Removing undamaged inventories from a burnt warehouse is a risk management technique called rehabilitationarrow_forward
- What are the contents of the articles of association? What is Table A? What is meant by a company registered office? What is an objects clause? Explain the nature of a company limited by shares. How can the articles of a company be altered? What is the legal effect of a company's constitution?arrow_forwardOn January 1, 2020 Alan made an interest-free loan of $200,000 to his son who used the loan to buy a house. Alan’s son has made no payments on the loan during the year. What are the income and gift tax consequences if the applicable federal rate is 5% and if Alan’s son had no investment income during the year? Which of the following is eligible for the annual exclusion? 1. Frank designates his daughter, Holly, beneficiary of his 401(k) plan. 2. Frank designates his wife, Betty, as beneficiary of his life insurance policy. 3. Frank funds an irrevocable trust with $1,100,000 for the benefit of his son. The terms of the trust allows a payout at the discretion of the trustee. 4. Frank funds an irrevocable life insurance trust with the amount necessary to pay the premiums of the policy. The beneficiaries can take a distribution equal to the contribution each year.arrow_forward
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