Author Question: To prove actual fraud, the evidence the trustee presents must persuade the court to find that no ... (Read 63 times)

Mimi

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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

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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.



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