Author Question: To prove actual fraud, the evidence the trustee presents must persuade the court to find that no ... (Read 21 times)

Mimi

  • Hero Member
  • *****
  • Posts: 542
To prove actual fraud, the evidence the trustee presents must persuade the court to find that no reasonable mind could conclude that the transfers were made for no other reason than to defraud the creditors.
 
  Indicate whether the statement is true or false

Question 2

What happens when a bankruptcy case is dismissed with or without prejudice?
 
  What will be an ideal response?



karmakat49

  • Sr. Member
  • ****
  • Posts: 369
Answer to Question 1

TRUE

Answer to Question 2

If a debtor's case is dismissed on the grounds of bad faith, fraud, bankruptcy crimes, willful disobedience of court orders, filing multiple cases in bad faith to delay creditors, or abusing the bankruptcy system, it may be dismissed with prejudice. If the debtor's case is dismissed with prejudice, the debtor is prohibited from filing another bankruptcy petition for 180 days from the date the court enters the dismissal order or the debtor voluntarily dismisses the case after the creditor files a motion to lift the Automatic Stay.

Bankruptcy cases that are dismissed on procedural grounds as listed previously are often dismissed without prejudice, thus allowing the debtor to file for bankruptcy again immediately and discharge the same debts included in the first petition.



Related Topics

Need homework help now?

Ask unlimited questions for free

Ask a Question
 

Did you know?

The National Institutes of Health have supported research into acupuncture. This has shown that acupuncture significantly reduced pain associated with osteoarthritis of the knee, when used as a complement to conventional therapies.

Did you know?

The term bacteria was devised in the 19th century by German biologist Ferdinand Cohn. He based it on the Greek word "bakterion" meaning a small rod or staff. Cohn is considered to be the father of modern bacteriology.

Did you know?

Asthma cases in Americans are about 75% higher today than they were in 1980.

Did you know?

It is important to read food labels and choose foods with low cholesterol and saturated trans fat. You should limit saturated fat to no higher than 6% of daily calories.

Did you know?

A cataract is a clouding of the eyes' natural lens. As we age, some clouding of the lens may occur. The first sign of a cataract is usually blurry vision. Although glasses and other visual aids may at first help a person with cataracts, surgery may become inevitable. Cataract surgery is very successful in restoring vision, and it is the most frequently performed surgery in the United States.

For a complete list of videos, visit our video library