Question: 2 5 . In a Chapter 7 proceeding, if a trustee does not affirmatively act to assume or reject an executory contract or lease of

25. In a Chapter 7 proceeding, if a trustee does not affirmatively act to assume or reject an executory contract or lease of real or personal property within 60 days after the order for relief is entered, then the contract or lease is deemed rejected without a further court order.
True/ False
26. In all cases (under Chapters 7,11 and 13) a debtor or trustee must make the decision to assume or reject any executory contract within 60 days after the case is commenced.
True/ False
27. In order to assume an unexpired lease, the trustee or debtor-in-possession must:
Cure all defaults.
Assign the lease.
All of the above.
None of the above.
28. Intentional torts are debts that may be excepted from discharge under the Bankruptcy Code.
True/ False
29. Operating reports are:
A form of disclosure statement requiring approval by the bankruptcy court before the proponent of a plan may solicit creditor acceptance.
A history of how the debtor became insolvent.
Reports of receipts and disbursements in a Chapter 11 case after the petition is filed.
Noncumulative income and expense statements showing the financial condition of the debtor at the time the bankruptcy petition is filed.
30. The Chapter 13 debtor does not have to begin making payments to the trustee until his/her plan is confirmed by the court.
True/ False
31. The maximum length of time for a Chapter 13 plan, with court approval, is 6 years.
True/ False
32. To be considered non-dischargeable, the burden is on the creditor to file an adversary complaint when the debt was obtained through a fraudulent representation, through fraud while the debtor was serving in a fiduciary capacity, through embezzlement or larceny, or as the result of willful and malicious injury.
True/ False
33. Which of the following clause or clauses in a lease is/are unenforceable against a trustee in a bankruptcy case.
A termination clause conditioned on the insolvency of a tenant.
A termination clause conditioned on the tenant's change in the designated use of the property.
A clause in a lease prohibiting a Chapter 7 and 11 trustee from damaging the premises.
All of the above.

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