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Answer the following in clear, concise and organized sentences. If your response includes a concept, rule or principal be sure to define before starting your
Answer the following in clear, concise and organized sentences. If your response includes a concept, rule or principal be sure to define before starting your discussion. For example, if the question involves the automatic stay, you would start by stating that section 362- the automatic stay provision requires that once an order for relief is entered all collection efforts against the debtor are put on hold until the creditor files a motion for relief from the automatic stay. Each question is worth 20 points
- Ahmed Bank &Trust issued several loans to Orlando Timberland so that Orlando could purchase timber from various landowners. Orlando gave the bank a security interest in the purchased timber, and the proceeds from the sale of the timber were intended to repay the loans the bank had made to Orlando. The bank intending to perfect its security interest filed a financing statements with the New Jersey secretary of states office. However, when Orlando sold the timber to various lumber mills with which it did business, Orlando failed to remit the sales proceeds to the bank. The bank filed suit against these purchasers, alleging that the purchasers had negligently entered into contracts with Orlando for the purchase of the timber and failed to exercise good faith. The bank further contended that the purchasers had been negligent in failing to request a lien search of UCC records with the New Jersey secretary of state. Had the purchasers conducted a lien search, they would have discovered the banks financing statement and security agreement. How would you decide this case? Do businesses have a duty to conduct lien searches with respect to firms from which they purchase goods. Assuming that the bank was successful would it have made a difference if the bank failed to file a ucc financing statement.
- What criterion must be satisfied for each type of lien to exist? What are the major differences between the mechanics lien, artisans lien, and judicial lien.
- Kelvin Company has $5, 000 in its checking account, but no other assets. Kelvin owes $4000 to a credit union, $3,000 to the landlord, $2500 to the construction company that remolded its offices a year ago and $1,000 to a metal supplier. On April 1, 2018 Kelvin paid $ 1,000 to the metal supplier. On August 1, 2018, Kelvin pays $2500 to the construction company, which left $1,500 for the $7,000 debt to the landlord and the credit union. On October 1, 2018 Kelvin filed for chapter 7 protection. Nilda Martinez ESQ was appointed as the chapter 7 trustee. Discuss what action if any Ms. Martinez is likely to take with respect to the payments.
- Nefry is the business manager of a company that extends credit to consumers, the company is planning to sell a high priced goods to Roderick through a payment plan when it is suddenly discovered that Roderick has a bad credit history. Nefry wants to make the sale yet he is worried that Roderick will default on the loan. What options does Nefry have to alleviate his apprehension about making the loan? ,
- Vanessa Inc. entered in a payment arrangement with Willa to purchase a high tech robot on an unsecured basis. Willa has defaulted on the loan. Vanessa fears Willa will sell or hide the robot. What remedy is available to Vanessa. Define the remedy and the discuss all the steps or procedures that must be followed to obtain the remedy.
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