CBA CBA Asset Administration & Liquidation 1 โ Questions and Answers
Question 1: Under 11 U.S.C. ยง 541, which of the following is included in the bankruptcy estate?
- Post-petition wages earned by an individual debtor
- Property acquired by inheritance within 180 days after the petition date (Correct answer)
- Social Security benefits paid post-petition
- An individual debtor's future earning capacity
Correct answer: Property acquired by inheritance within 180 days after the petition date
Under ยง 541(a)(5), property acquired by inheritance, bequest, or devise within 180 days after the petition date becomes property of the estate.
Question 2: Which section of the Bankruptcy Code authorizes a trustee to use, sell, or lease estate property outside the ordinary course of business?
- 11 U.S.C. ยง 362
- 11 U.S.C. ยง 363 (Correct answer)
- 11 U.S.C. ยง 365
- 11 U.S.C. ยง 506
Correct answer: 11 U.S.C. ยง 363
Section 363 governs the trustee's authority to use, sell, or lease estate property, with court approval required for transactions outside the ordinary course of business.
Question 3: What is the primary purpose of a ยง 341 meeting of creditors in a bankruptcy case?
- To allow the judge to examine the debtor under oath
- To allow the trustee and creditors to examine the debtor about assets and liabilities (Correct answer)
- To vote on the proposed reorganization plan
- To approve the trustee's interim fee application
Correct answer: To allow the trustee and creditors to examine the debtor about assets and liabilities
The ยง 341 meeting allows the trustee and any attending creditors to examine the debtor under oath about financial affairs, assets, and liabilities.
Question 4: A Chapter 7 trustee discovers unscheduled assets after a no-asset report was filed. What should the trustee do?
- Close the case immediately
- Reopen the case and administer the newly discovered assets (Correct answer)
- Refer the matter to the FBI
- Deny the debtor a discharge
Correct answer: Reopen the case and administer the newly discovered assets
When assets are discovered after a no-asset report, the trustee should move to reopen the case so the assets can be administered for the benefit of creditors.
Question 5: What is a 'stalking horse' bidder in a ยง 363 sale process?
- A creditor who objects to the proposed sale
- An initial bidder who sets a floor price in exchange for bid protections (Correct answer)
- The trustee's court-appointed auctioneer
- A post-petition lender providing DIP financing
Correct answer: An initial bidder who sets a floor price in exchange for bid protections
A stalking horse bidder negotiates the initial purchase agreement and sets the minimum price, typically receiving bid protections such as a breakup fee in exchange.
Question 6: Under the Bankruptcy Code, which party has the primary duty to administer assets and make distributions to creditors in a Chapter 7 case?
- The debtor-in-possession
- The creditors' committee
- The Chapter 7 trustee (Correct answer)
- The US Trustee
Correct answer: The Chapter 7 trustee
The Chapter 7 trustee is responsible for collecting and liquidating estate property and distributing proceeds to creditors in order of statutory priority.
Under 11 U.S.C. ยง 541, which of the following is included in the bankruptcy estate?