Creditors' Rights and Remedies

25 questions available

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Questions

Question 1

What is a claim against a debtor's property that must be satisfied before the property is available to satisfy the claims of other creditors?

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Question 2

When a person contracts for labor, services, or materials to improve real property but does not pay, what type of lien can the creditor place on the property?

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Question 3

What is the general time frame within which a notice of mechanic's lien must be filed, measured from the last date on which materials or labor was provided?

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Question 4

What is a key characteristic of an artisan's lien that distinguishes it from a mechanic's lien?

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Question 5

What is a court-ordered seizure and taking into custody of property before a judgment is secured for a past-due debt?

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Question 6

What is a court order that directs a sheriff to seize and sell a debtor's nonexempt property after a creditor has obtained a judgment?

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Question 7

In a garnishment proceeding, what is the term for the third party who holds property belonging to the debtor, such as an employer?

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Question 8

Under the federal Consumer Credit Protection Act, what is the minimum percentage of disposable earnings per week that a debtor can retain, exempt from garnishment?

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Question 9

What type of agreement involves creditors contracting with a debtor for the discharge of the debtor's liquidated debts on payment of a sum less than that owed?

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Question 10

What is a defaulting mortgagor's right to redeem their property by paying the full amount of the debt, plus interest and costs, before the foreclosure sale?

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Question 11

In a relationship where a third person promises to be responsible for a debtor's obligation, who is considered primarily liable for the debt in a suretyship contract?

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Question 12

What is the key difference between a suretyship and a guaranty in terms of the third party's liability?

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Question 13

Under the Statute of Frauds, which of these agreements is generally required to be in writing to be enforceable?

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Question 14

If a creditor and a principal debtor materially modify the terms of their original contract without the surety's consent, what is the effect on a gratuitous surety's obligation?

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Question 15

If a creditor surrenders the collateral to the debtor without the surety's consent, what is the impact on the surety's obligation?

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Question 16

Which of the following defenses of the principal debtor can a surety generally NOT assert against the creditor?

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Question 17

What is the right of a surety to step into the shoes of the creditor and pursue any remedies that were available to the creditor against the debtor?

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Question 18

What right allows a surety to recover from the debtor all outlays made on behalf of the suretyship arrangement, including the actual debt paid and expenses?

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Question 19

When two or more co-sureties guarantee a debt and one surety pays more than their proportionate share, what right allows that surety to recover the excess payment from the other co-sureties?

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Question 20

What is the most familiar exemption for real property that permits a debtor to retain the family home, either in its entirety or up to a specified dollar amount, free from the claims of unsecured creditors?

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Question 21

Based on the text's example, if a debtor's homestead is valued at 50,000 dollars, the homestead exemption is 25,000 dollars, and the home is sold at auction for 45,000 dollars to satisfy a 40,000 dollar judgment, how much is the creditor paid?

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Question 22

Which of the following items is most likely to be considered exempt personal property, protecting it from being seized to satisfy a judgment debt?

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Question 23

In the case of JSV, Inc. v. Hene Meat Co., Inc., why did the court conclude that Mark Kennedy's guaranty of the lease was a personal guaranty and not one made in his corporate capacity?

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Question 24

What is the typical outcome when a creditor obtains a deficiency judgment after a mortgage foreclosure sale?

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Question 25

Which of the following actions by a creditor would likely release a surety from their obligation?

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