Question
Answer the following inclear, conciseandorganized sentences. If your response includes aconcept,rule or principal be sure todefine before starting yourdiscussion.For example,if the question involves the automaticstay,you
Answer the following inclear, conciseandorganized sentences. If your response includes aconcept,rule or principal be sure todefine before starting yourdiscussion.For example,if the question involves the automaticstay,you would start by stating that section 362-the automatic stayprovision requiresthat once an order for relief isentered allcollection efforts against the debtor are puton hold untilthe creditorfiles a motion for relief from the automatic stay.
1.AhmedBank&Trust issued several loans to Orlando Timberland sothat Orlando couldpurchase timberfromvariouslandowners. Orlandogavethe bank a securityinterest inthe purchased timber,and theproceeds from the sale of thetimberwere intended to repay the loans the bank had made to Orlando. The bank intending to perfect its security interest filed a financingstatementswith the New Jersey secretary of state's office.However,when Orlando sold the timber to various lumber mills with which it didbusiness,Orlando failed to remit the sales proceeds to the bank.The bank filed suit against thesepurchasers,allegingthat 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 bank's financing statement and security agreement. Howwould 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 thebank failedtofilea uccfinancing statement.
2.What criterionmust besatisfied foreach typeof lien toexist?What are the major differences between the mechanic's lien, artisan's lien,and judicial lien.
3.Kelvin Companyhas $5, 000 in its checkingaccount,but no otherassets. Kelvin owes $4000 to a credit union, $3,000tothe landlord, $2500to the construction company that remolded itsoffices ayear agoand$1,000to ametal supplier. On April1, 2018 Kelvin paid$1,000 to the metalsupplier.On August 1, 2018,Kelvin pays $2500 totheconstruction company, which left $1,500 forthe$7,000 debtto thelandlord andthe credit union.On October 1,2018 Kelvinfiled for chapter 7 protection.Nilda MartinezESQwas appointedas thechapter 7 trustee. Discuss what action ifany Ms.Martinez is likely to take with respect to the payments.
4.Nefry is the business manager of a company that extends credit to consumers,thecompany is planning to sell a high pricedgoods toRoderick througha payment plan when it is suddenlydiscovered thatRoderick 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?,
5.VanessaInc.entered in a paymentarrangementwithWillato purchase a high tech robot onan unsecuredbasis.Willahas defaulted on the loan. Vanessa fearsWillawillsell orhide the robot.What remedyis 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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