Hard1 markMultiple Choice
CPA · Question 18 · Area 2: Business Law
Creditors want to file an involuntary Chapter 7 bankruptcy petition against Debtor Corp. Debtor Corp has 15 creditors with total unsecured claims of 0,000. What is the minimum requirement to file the petition?
Creditors want to file an involuntary Chapter 7 bankruptcy petition against Debtor Corp. Debtor Corp has 15 creditors with total unsecured claims of 0,000. What is the minimum requirement to file the petition?
Answer options:
A.
At least 1 creditor with an unsecured claim of at least ,775.
B.
At least 3 creditors with aggregate unsecured claims of at least ,775 (adjusted for inflation).
C.
At least 50% of creditors holding 2/3 of the debt.
D.
Any creditor owed more than ,000.
How to approach this question
Check the creditor count: <12 creditors = 1 filer needed. >=12 creditors = 3 filers needed. Aggregate debt must exceed threshold.
Full Answer
B.At least 3 creditors with aggregate unsecured claims of at least ,775 (adjusted for inflation).✓ Correct
At least 3 creditors with aggregate unsecured claims of at least ,775 (adjusted for inflation).
Under the Bankruptcy Code, if a debtor has 12 or more creditors, an involuntary petition requires at least 3 creditors to file, with aggregate unsecured claims meeting the statutory threshold.
Common mistakes
Forgetting the '12 or more creditors' rule and assuming 1 creditor is always enough.
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