A voluntary bankruptcy proceeding is available to
A. Debtors only if the overwhelming preponderance of creditors have not petitioned for and obtained a receivership pursuant to state law.
B. Corporations only if a reorganization has been attempted and failed.
C. All debtors provided they are insolvent.
D. Consumer debtors who make less than the dollar limits set forth in the Bankruptcy Code.
Answer:D
D is corrent because a voluntary bankruptcy proceeding is available to consumer debtors whose income does not exceed the monthly limits set forth in the Bankruptcy code, after certain monthly expenses are deducted.
A is incorrect because whether the debtor’s creditors have petitioned and obtained a receivership would not affect the debtor’s rights to initiate a voluntary proceeding under Chapter 7 of the Bankruptcy Reform Act.
B is incorrect because corporations do not need to first attempt a reorganization under Chapter 11 before filing a voluntary petition.
C is incorrect because not all debtors are allowed to file for voluntary bankruptcy. A voluntary bankruptcy proceeding is not available to banks, insurance companies, and savings and loan associations.
