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Los Angeles Lawyer
The Magazine of the Los Angeles County Bar Association


 
 

February 2007      MCLE Test and Answer Sheet

Test Number 156: Bound in Bankruptcy

 
 

Instructions for Obtaining MCLE Credit

The Los Angeles County Bar Association certifies that this activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 1 hour. To apply for credit, please follow the instructions.

1. Study the CLE article.

2. Answer the test questions by marking the appropriate boxes. Each question has only one answer.

3. Photocopies of this answer sheet may be submitted; however, this form should not be enlarged or reduced. Mail the answer sheet and the $15 testing fee ($20 for non-LACBA members) to:

Los Angeles Lawyer
MCLE Test
P.O. Box 55020
Los Angeles, CA 90055 

Make checks payable to Los Angeles Lawyer.

4. You can also fill in the test form and submit it directly to LACBA by clicking "Submit." To submit your test answers online you will need to pay by credit card. After submitting your answers you will be presented with a screen requesting payment information. This information will be submitted in a secure mode which will allow you to safely transmit your credit card number over the Internet. If you prefer not to pay by credit card, please print this answer sheet and submit your responses by regular mail.

5. Within six weeks, Los Angeles Lawyer will return your test with the correct answers, a rationale for the correct answers, and a certificate verifying the CLE credit you earned through this self-assessment activity.

6. For future reference, please retain the CLE test materials returned to you.

 
  Test Sheet
 
 

Mark your answers to the test by clicking next to your choice.  All questions must be answered.  Each question has only one answer. This test is worth 1 hour of credit.*

1. There is no inherent conflict between arbitration and the underlying purposes of the Bankruptcy Code.
 True.
 False.

2. The Federal Arbitration Act applies to all agreements affecting interstate commerce, regardless of the dollar amount at issue.
 True.
 False.

3. A contract affects interstate commerce if the contracting parties are residents of different states--even when goods and services are not sold across state lines.
 True.
 False.

4. An arbitration agreement governed by the FAA entitles a party who has been sued to stay the action pending completion of arbitration.
 True.
 False.

5. A stay of proceedings under the FAA is subject to the discretion of the court.
 True.
 False.

6. A court may dismiss an action with prejudice if an arbitration agreement applies to all claims of the plaintiff.
 True.
 False.

7. The enforceability of arbitration agreements in a bankruptcy case has been a disputed issue.
 True.
 False.

8. Before 2006, bankruptcy courts and district courts within the Third Circuit fashioned a bright-line test for enforcing arbitration agreements in a bankruptcy case.
 True.
 False.

9. The Third Circuit in In re Mintze perpetuated the notion that bankruptcy courts have discretion whether to enforce arbitration agreements.
 True.
 False.

10. The Mintze decision harmonized the rule governing enforcement of arbitration agreements in bankruptcy court with the rule promulgated in Moses H. Cone Memorial Hospital v. Mercury Construction Corporation.
 True.
 False.

11. The U.S. Supreme Court has ruled that an arbitration agreement subject to the FAA must be enforced unless Congress intended to preclude a waiver of judicial remedies for the rights at issue.
 True.
 False.

12. The court in In re First Alliance Mortgage Company might have decided the case differently if it had followed the ruling in Mintze.
 True.
 False.

13. Core bankruptcy matters are not amenable to arbitration.
 True.
 False.

14. In its decision in In re U.S. Lines, the Second Circuit anticipates Mintze because it ruled that the distinction between core and noncore matters was not a decisive factor in enforcing arbitration agreements.
 True.
 False.

15. The Bankruptcy Code contains express prohibitions against arbitration in certain limited circumstances.
 True.
 False.

16. An agreement by a debtor before filing bankruptcy to waive the automatic stay in the event the debtor files a bankruptcy case is automatically enforceable.
 True.
 False.

17. The Bankruptcy Code provides that certain actions can be approved only after the bankruptcy court has made findings supporting their approval.
 True.
 False.

18. The court in In re Elcom Technologies Corporation refused to enforce an arbitration agreement because one of the parties was an insurance company.
 True.
 False.

19. A good strategy for a party seeking to avoid arbitration is to name as parties any persons or entities that did not sign the arbitration agreement.
 True.
 False.

20. The legislative history behind the Bankruptcy Code, while extensive in its discussion regarding the enforcement of arbitration agreements, offers no conclusions about the enforceability of arbitration of any particular matter.
 True.
 False.

Address and Billing

After submitting your answers you will be asked to enter your name, address, and payment information on the next screen. Once you have submitted the current form, you will be switched to a secure mode which will allow you to safely transmit your credit card number over the Internet.
If you do not wish to complete this transaction over the Internet you should print this page and send it to the address listed in Step 3 of the instructions at the top of this page.
 
Before clicking the Submit button, please verify that all questions have been answered. An error message will appear if not all questions are answered.

* The Los Angeles County Bar Association has been approved as a continuing legal education provider of Minimum Continuing Legal Education credit by the State Bar of California. This self-assessment activity will qualify for Minimum Continuing Legal Education Legal Ethics credit by the State Bar of California in the amount of one hour.

 


 
   
 

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