Author Question: A bankruptcy ________ occurs when the bankruptcy court ceases administration of the case and no ... (Read 26 times)

humphriesbr@me.com

  • Hero Member
  • *****
  • Posts: 550
A bankruptcy ________ occurs when the bankruptcy court ceases administration of the case and no longer has jurisdiction over the matter, including any adversary proceedings that other parties have filed.
 
  A) Dismissal
  B) Discharge
  C) Conversion
  D) Hearing

Question 2

Describe the paralegal's role in adversarial proceedings and in recognizing possible fraudulent transfers.
 
  What will be an ideal response?



nital

  • Sr. Member
  • ****
  • Posts: 320
Answer to Question 1

A

Answer to Question 2

A debtor client might ask, I heard from my friend Susie that I could lose my house and my snowmobile during the bankruptcy. She recommended that I just transfer my house to her for a dollar and sell her my snowmobile for 50 dollars. She will hold on to my snowmobile until the bankruptcy case is over, and she will let me live in the house while the bankruptcy case is pending. That's okay, right? The paralegal should not give any advice to the debtor about how to proceed because this would constitute the unauthorized practice of law. However, the paralegal should advise the client that he or she should not make any decisions on any transfer of property until speaking with the attorney. The paralegal should immediately inform his or her supervising attorney of any information the client shares that might have to do with a fraudulent transfer. If the debtor is named as a defendant in a voidable transfer or, as it is sometimes referred to, an adversarial proceeding, the paralegal's role is also vital. When an adversarial proceeding is filed against the debtor, by either a creditor or the trustee, the paralegal will be at the center of all the action and will likely be involved in:
 Investigating the factual and legal allegations against the debtor.
 Drafting various pleadings, including communicating with and drafting subpoenas of factual and expert witnesses.
 Managing the adversarial proceeding docket.
 Reviewing documents to be presented at trial.
 Assisting with both reviewing and responding to discovery requests.
 Drafting and effecting service of discovery requests.
 Assisting the attorney in preparing the debtor for depositions.
 Attending and taking careful notes at depositions.
 Assisting attorneys at trial with evidence and presentation software.



Related Topics

Need homework help now?

Ask unlimited questions for free

Ask a Question
 

Did you know?

Fatal fungal infections may be able to resist newer antifungal drugs. Globally, fungal infections are often fatal due to the lack of access to multiple antifungals, which may be required to be utilized in combination. Single antifungals may not be enough to stop a fungal infection from causing the death of a patient.

Did you know?

Every flu season is different, and even healthy people can get extremely sick from the flu, as well as spread it to others. The flu season can begin as early as October and last as late as May. Every person over six months of age should get an annual flu vaccine. The vaccine cannot cause you to get influenza, but in some seasons, may not be completely able to prevent you from acquiring influenza due to changes in causative viruses. The viruses in the flu shot are killed—there is no way they can give you the flu. Minor side effects include soreness, redness, or swelling where the shot was given. It is possible to develop a slight fever, and body aches, but these are simply signs that the body is responding to the vaccine and making itself ready to fight off the influenza virus should you come in contact with it.

Did you know?

Nearly 31 million adults in America have a total cholesterol level that is more than 240 mg per dL.

Did you know?

The lipid bilayer is made of phospholipids. They are arranged in a double layer because one of their ends is attracted to water while the other is repelled by water.

Did you know?

As many as 28% of hospitalized patients requiring mechanical ventilators to help them breathe (for more than 48 hours) will develop ventilator-associated pneumonia. Current therapy involves intravenous antibiotics, but new antibiotics that can be inhaled (and more directly treat the infection) are being developed.

For a complete list of videos, visit our video library