Instructional Fair Ts Denison Answer Key |WORK| 🖐🏿

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Instructional Fair Ts Denison Answer Key

when a claim is payable by “due notice” to the liability company, it becomes payable in due course, and when so payable can be written off against ordinary business bad debts. if the claim does not become payable by due notice, it becomes payable when finally determined, and can then be written off against ordinary business bad debts.

defendants argue that denison’s claim for contribution may not be pursued in new hampshire because the claim arose in oregon, where the defendants were headquartered when they incurred the liability. we find no merit in this argument. the tort was completed when the denisons disposed of their property on defendants’ behalf, and the principal place of the injury was in new hampshire, where the cause of action arose.

it is true that under the law of new hampshire, as a general rule, a surety cannot compel a creditor to resort to an assignee for the benefit of creditors before the original creditor has been paid by the principal debtor. this rule, however, is subject to two recognized exceptions, namely, that if the surety has paid the creditor in full, he may require the creditor to resort to the assignee, and if the surety has paid part only of the creditor’s claim, he may require the creditor to enforce his security interest by resorting to the assignee, as he has paid more than he could be compelled to pay by the creditor under the new hampshire rule.

under § 523(a)(2)(a) of the bankruptcy code, to determine whether the creditor has proven the debtor’s nondischargeability, the court must make two separate determinations. first, whether the creditor has proved by a preponderance of the evidence that the debtor obtained money, property, services, or credit by making a materially false representation; and, second, whether the creditor has proven by a preponderance of the evidence that the debtor possessed the requisite fraudulent intent at the time the misrepresentation was made.

during the administration of a trust of which the testator is a beneficiary, or to which he is entitled, he cannot, even with his consent, change the investment of the trust estate with respect to real estate which is the principal of the trust estate, or the character or form of the investments in which it is held, but he is entitled to the income derived from the property during his life, or to so much of the principal as may be necessary to make good the deficiency in the receipts from the principal in the case of a failure to pay an amount equal to the net income of the trust during his lifetime, as may be provided in the trust agreement. the trustee has a right to retain and apply the whole of the principal of the trust estate for the purposes of the trust, and no sum of money can be paid to him or any other person from the principal when the trustee so wishes, in which event the trustees or their successors are allowed to remain in possession and control of such property, and no accounting can be made in respect thereof.
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