Question
A trustee in bankruptcy has power to recover certain assets transferred by a debtor prior to bankruptcy. Hence, a fraudulent conveyance is voidable by the
A trustee in bankruptcy has power to recover certain assets transferred by a debtor prior to bankruptcy. Hence, a fraudulent conveyance is voidable by the trustee. A conveyance is fraudulent if it
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A.Results in the debtors receipt of less than reasonable value, but only if it occurs within 180 days before filing.
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B.Is made with actual intent to hinder, delay, or defraud creditors, but only if it occurs within 120 days before filing.
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C.Results in the debtors insolvency and occurs within 2 years before filing.
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D.Is made within 90 days before filing
Rhonda sent a written order to Shirt, Inc., for a Wildlife Tee-shirt. Shirt, Inc., sent a written acceptance of Rhondas order, but the acceptance form added a clause disclaiming all warranties relating to the shirts. Rhonda does nothing. A contract was
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A.Formed, but the warranty disclaimer does not become part of the contract until Rhonda wears the shirt.
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B.Formed, and the warranty disclaimer becomes part of the contract because it does not materially alter the contract and Rhonda did not object.
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C.Not formed, but Shirt, Inc.s response constitutes a counteroffer under the mirror image rule.
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D.Formed, but the warranty disclaimer does not become part of the contract.
One of the elements necessary to establish that a preferential transfer was made under the Bankruptcy Code by the debtor to a creditor is that the
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A.Transfer was in fact a contemporaneous exchange for new value given to the debtor.
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B.Creditor was an insider and the transfer occurred within 90 days of the filing of the bankruptcy petition.
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C.Transfer was made by the debtor with actual intent to hinder, delay, or defraud other creditors.
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D.Debtor was insolvent at the time of the transfer.
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