CHAPTER V

Member:
1.Greamaldy Edenardo S.
2.Raden Michael Bagas Pacu Permana
3.Flowrencia Stevani br. Manalu
4.Asima Ria Valentine Aritonang
5.Maria Vianney Indri Ratna E
6.Iwilham

1. What is a debtor?
Answer: A debtor is a person or other legal entity who owes money or services to another
person or company

2. What is Creditor?
Answer: A party that has a claim on the services of a second party. It is a person or
institution to whom money is owed.

3. What need both a debtor and a creditor to know?

Answer: As we know, both debtors and creditors can apply for a declaration of
bankruptcy to the commercial court. However, so that the petition for a declaration of
bankruptcy is not in vain and is worthy of the effort, time, and cost incurred, before
submitting a petition for a declaration of bankruptcy.

4. Are all people honest?

Answer: in terms of debt, not everyone is honest, there are people who refuse to pay
debts perhaps with reasons that they think are reasonable not to do so, therefore there are
lawyers and courts who can take care of the problem.

5. If the fellow refuses to pay, what may you have?

Answer: A debtor who has difficulty paying his debts is managed by a curator whose job
is to sell the debtor's assets and pay them to creditors. If possible, the debtor can apply for
reconciliation to avoid bankruptcy.

6. Why is it not true that lawyers are eager to take a case into court?
Answer: lawyers will always try to avoid solving problems through legal actions when it
comes to debt, if the owed sum of money isn’t a big number than it isn’t worth taking it
 to court and lawyers will tell you that the amount you need to pay the lawyer is
sometimes not worth the problem.

7. If you take your case to a lawyer, why may you be surprised?

Answer: because they will try to settle your case out of the court

8. What do many people thinks about lawyers?

Answer: many people thinks that lawyers are eager to take a case into court

9. How does the attorney often accomplish cases?

Answer: Lawyers try to resolve problems out of court without going through legal action,
lawyers will find debtors and creditors in their offices and make a settlement agreed upon
by both.

10. Why have you to sue the fellow who owes you money in order to collect it?
Answer: Because there are times when an agreement is not reached out of court, and we
have to sue the debtor to pay the debt. With legal channels according to the legal function
to enforce legal contracts in the community.

11. What are the law and courts are for?

Answer: Law and justice function to enforce legal contracts in our society, one of which
is to enforce debt legal contracts. How does your lawyer accomplish this case?

12. Case: Mr. Scrooge owes you a thousand dollars. He refuses to pay. You decided to see
your lawyer. How will he accomplish this case?
Answer: he will ask you a question about the debt, if it reaches $1000, then it is enough
to justify your legal action to collect it.

13. What is the Small Claim Court?

Answer: Small Claim Court is a procedure for examination in court of a civil suit with a
material claim value

14. Case continued: Let us consider the possibility that you have investigated Mr. Scrooge’s
Financial status, and you discover he has the money to pay you. What important thing
you should do later? What must you prove first, for example you are a coal dealer and
you sold Mr. scrooge an industrial plant owner, a thousand dollar worth of coal.
 Answer: You must be able to show some proof such as, an order in writing, describing
the merchandise, the price, terms of payment, and when the coal is delivered. Next, we
must prove that the coal has been delivered to Mr. Scrooge. If none of the aboves can’t be
done, you can suse the witnesses testimony who know about the contract.

15. What is judgment proof?

Answer: a person who does not have enough assets for a creditor to seize when a court order
requires debt repayment.
16. What do you know about Homestead Exemption Law?
Answer: Homestead exemption laws are found in most states in the United States, it protects the
value of the homes of residents from property taxes, creditors, and circumstances that arise from
the death of the homeowner's spouse.
17. What is burden of proof?
Answer: a legal requirement that determines the viability of a claim based on the factual
evidence produced
18. if you win your case, what do you obtain?
Answer : if you win your case, you obtain what the law calls a judgment. In simple
language, this merely means that the judge, or jury, decided in your favor
19. what is also compelled to the losing party?
Answer : the losing party is also compelled to pay the court costs incurred in holding the
trial
20. what is execution? By whom and how?
Answer : Execution is the enforcement of a decision that has legal force and is decided by a
court. This is done if there is someone whose actions violate the law or someone does not want
to pay a debt.
21. what is garnishee proceeding
Answer : if Mr. Scrooge were a wage-earner, his salary could be attached. This is called a
garnishee proceeding. It compels the employer to withhold a certain amount of the debtor’s
wages each pay day to be applied to the judgment of the court until the debt is completely paid.
22. mention articles exempted from execution in new York
Answer : 1. All the stoves in the dwelling house of the debtor
2. the food supply for the debtor’s family for sixty days
3. the wearing apperai, household furniture, table ware and cooking utensils
 Necessary for the debtor and his family
4. working tools, farm machinery, one team of horses, food for the team, et
Chetcra, provided these items are necessary to carry on the debtor’s profession
Or calling
23. what are liens ?
Answer : liens some creditors have special rights under the law arising from certain kinds
of debt. This gives them an advantage in collecting the debt. These special means of enforcement
24. mention some types of creditors
Answer : preferred or priority, secured, and general
25. what is a trustee
Answer : Parties who represent the interests of debt securities holders.
26. what is insolvency?
Answer : Insolvency is a state of financial distress in which a person or business is unable to pay
their debts.

27. what is usury ?

Answer : usury is paying more than the legal rate of interest on a loan of money
28. mention things you should remember about debtors and creditors
Answer : 1. One of the purpose of the law is to enforce legal contracts between
Individuals
2. it is usually useless to bring a legal action against a debtor has no assets
No money, no property and no job

Parameter penilaian
No. Nama Ketepatan Encouragin Penguasaan Deskripsi
mahasiswa waktu g (bersedia materi penilaian
pengumpulan membantu
tugas teman)
1. eden 5 5 5 Ketepatan
waktu
pengumpulan
tugas baik,
 Encouraging
(bersedia
membantu
teman),
Penguasaan
materi
2. Vianney 5 5 5 Ketepatan
waktu
pengumpulan
tugas baik,
Encouraging
(bersedia
membantu
teman),
Penguasaan
materi
3. Valen 5 5 5 Ketepatan
waktu
pengumpulan
tugas baik,
Encouraging
(bersedia
membantu
teman),
Penguasaan
materi
4. Flowrence 5 5 5 Ketepatan
waktu
pengumpulan
tugas baik,
Encouraging
(bersedia
membantu
teman),
Penguasaan
materi
5. Bagas 4 4 5 Ketepatan
waktu
pengumpulan
 tugas baik,
Encouraging
(bersedia
membantu
teman),
Penguasaan
materi
6. Iwilham 1 1 3 Ketepatan
waktu
pengumpulan
tugas kurang,
kurang bersedia
membantu
teman
Penguasaan
materi baik