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Suppose a debtor owes a credit card company $ 3 , 0 0 0 . The debtor calls the company and tells its representative she
Suppose a debtor owes a credit card company $ The debtor calls the company and tells its representative she cannot afford to pay the $ but that she
is willing to transfer ownership of her car to the company in full settlement of the $ debt. The credit card company agrees, accepts title to the car, sells the
car, and recovers $ from the sale. Which of the following is an accurate statement regarding the right of the credit card company to recover the remaining
$ from the debtor?
The company can recover the $ provided it can establish that the sale of the car was conducted in a commercially reasonable manner.
The company can recover the $ since the debtor owed the company a total of $
The company cannot recover the $ since the "different performance" exception to the partial payment of a liquidated debt rule applies.
The company can recover the $ since a creditor's promise to accept less than owed for a liquidated debt is not legally binding.
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