This topic contains a solution. Click here to go to the answer

Author Question: Filing the bankruptcy petition creates the ________, which encompasses all the legal and equitable ... (Read 80 times)

RODY.ELKHALIL

  • Hero Member
  • *****
  • Posts: 591
Filing the bankruptcy petition creates the ________, which encompasses all the legal and equitable interests of the debtor in property the debtor owns anywhere or in anyone's possession.
 
  A) Estate for years
  B) Fee tail estate
  C) Property of the estate
  D) Property du jour

Question 2

What is the bankruptcy estate? Review 11 U.S.C. 541 as provided in chapter 3 and list five assets that are considered part of the bankruptcy estate.
 
  What will be an ideal response?



Related Topics

Need homework help now?

Ask unlimited questions for free

Ask a Question
Marked as best answer by a Subject Expert

allisonblackmore

  • Sr. Member
  • ****
  • Posts: 330
Answer to Question 1

C

Answer to Question 2

All of the debtor's legal and equitable interest in property at the moment the bankruptcy petition is filed creates the bankruptcy estate. A bankruptcy estate is a new legal entity separate from the debtor, much like a probate estate in the field of trusts and estates. The bankruptcy estate also includes property and income that is acquired after the commencement of the case, so it is important for clients filing for bankruptcy to be aware of their obligations to inform the attorney of any after-acquired property.

According to Bankruptcy Code 11 U.S.C. 541, the bankruptcy estate consists of:

 Property owned by the debtor, either in his or her possession or possession of another (e.g., real estate, bank accounts, stocks and bonds, patents, copyrights, and trademarks).
 Property the debtor is entitled to receive (e.g., wages, commissions, and tax refunds).
 Profits or appreciation in value generated by the property of the estate (e.g., rents and interest).
 Property that was fraudulently transferred prior to the bankruptcy filing (e.g., debtor sells his motorcycle to his cousin for 1.00 or quitclaims his interest in real property to a family member).




RODY.ELKHALIL

  • Member
  • Posts: 591
Reply 2 on: Aug 2, 2018
YES! Correct, THANKS for helping me on my review


connor417

  • Member
  • Posts: 329
Reply 3 on: Yesterday
Great answer, keep it coming :)

 

Did you know?

Nearly all drugs pass into human breast milk. How often a drug is taken influences the amount of drug that will pass into the milk. Medications taken 30 to 60 minutes before breastfeeding are likely to be at peak blood levels when the baby is nursing.

Did you know?

Colchicine is a highly poisonous alkaloid originally extracted from a type of saffron plant that is used mainly to treat gout.

Did you know?

According to the National Institute of Environmental Health Sciences, lung disease is the third leading killer in the United States, responsible for one in seven deaths. It is the leading cause of death among infants under the age of one year.

Did you know?

Adolescents often feel clumsy during puberty because during this time of development, their hands and feet grow faster than their arms and legs do. The body is therefore out of proportion. One out of five adolescents actually experiences growing pains during this period.

Did you know?

Throughout history, plants containing cardiac steroids have been used as heart drugs and as poisons (e.g., in arrows used in combat), emetics, and diuretics.

For a complete list of videos, visit our video library