Deck 9: The Bankruptcy Petition

Question 1

If the debtor's name on the driver's license is slightly different from the one on the client's tax returns, which name is listed in the petition?

A) Use the name on the driver's license only as that is an official government form of identification.
B) List both names in the petition with the name used on the tax returns in the "other names" section.
C) Use the debtor's preferred name.
D) None of the above.

Answer 1

List both names in the petition with the name used on the tax returns in the "other names" section.

Question 2

Per federal law, the filing fee must be paid in full at the time of filing the petition.

Answer 2

False

Question 3

If the debtor has filed a prior bankruptcy, some districts provide that information even if the bankruptcy was in another district.

Answer 3

True

Question 4

A serial filer has filed bankruptcy more than once in the last three months.

Question 5

BAPCPA's new serial filer provision applies only to homeowners taking advantage of the automatic stay by stalling a foreclosure.

Question 6

Which official form is used if the debtor is in eviction proceedings?

A) 101.
B) 101A and
C) 103A.
D) 106A/B.

Question 7

If Chapter 7 was filed with a pending eviction, the debtor is not obligated to pay the rent until the discharge is received.

Question 8

Exigent circumstances automatically waive the credit counseling requirement.

Question 9

Which of the following are exceptions to the initial filing of the credit counseling class?

A) The debtor is a member of the military in an active combat zone.
B) Disability.
C) Mental incapacity.
D) All of the above.

Question 10

There are multiple exceptions to initially filing the credit counseling class.

Question 11

When is the credit counseling certificate required to be filed?

A) At the time of filing the bankruptcy petition.
B) Within fourteen days of the petition being filed.
C) At any time before the 341 Meeting of Creditors.
D) Within 60 days of the initially scheduled 341 Meeting of Creditors.

Question 12

Because of where the debtor resides, the debtor was not able to take the credit counseling class within the last 7 days, so the debtor is unable to proceed with filing for bankruptcy.

Question 13

Because the debtor is disabled, the credit counseling class is not required.

Question 14

What are the options for paying the filing fees in a bankruptcy case?

Question 15

What is a serial filer?

Question 16

The debtor is in his third month of a Chapter 13 bankruptcy and has paid each month, preventing the foreclosure from proceeding as he catches up on the arrears. However, on the fourth month, the case got dismissed for lack of payment. If the debtor files a motion to set aside the dismissal, is the debtor a serial filer under BAPCPA?

Question 17

What is Official Form 101A used for?

Question 18

Once the clerk of court determines that exigent circumstances exist, the debtor has the credit counseling requirement waived automatically?