Under the Bankruptcy Code after the enactment of the 2005 revisions, what must Janet do prior to filing a petition for relief under Chapter 7?

Journal Entry – Chapter 15

Chapter 15: Creditors’ Rights and Bankruptcy – Chapter 15 – Journal Entry

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CREDITORS’ RIGHTS AND BANKRUPTCY (page 463)

Three months ago, Janet Hart’s husband of twenty years died of cancer.  Although he had medical insurance, he left Janet with outstanding medical bills of more than $50,000.  Janet has worked at the local library for the past ten years, earning $1,700 per month.  Since her husband’s death, Janet also receives $1,500 in Social Security benefits, and $1,100 in life insurance proceeds every month, giving her a monthly income of $4,300. After she pays the mortgage payment of $1,500, and the amounts due on other debts each month, Janet barely has enough left over to buy groceries for her family (she has two teenage daughters at home).  She decides to file for Chapter 7 bankruptcy, hoping for a fresh start.

Answer the following questions, using the information presented in the chapter.

 

  1. Under the Bankruptcy Code after the enactment of the 2005 revisions, what must Janet do prior to filing a petition for relief under Chapter 7?

    2. How much time does Janet have after filing the bankruptcy petition to submit the required schedules?  What happens if Janet does not meet the deadline?

 

  1. Assume that Janet files a petition under Chapter 7.  Further assume that the median family income in the state in which Janet lives is $49,300.  What steps would a court take to determine whether Janet’s petition is presumed to be “substantial abuse” under the means test?

 

  1. Suppose that the court determines that no presumption of substantial abuse applies in Janet’s case.  Nevertheless, the court finds that Janet does have the ability to pay a portion of the amount due on the medical bills out of her disposable income.  What would the court likely order in that situation?

    FOR TWO POINTS EXTRA CREDIT:

Rather than being allowed to file Chapter 7 bankruptcy petitions, individuals and couples should always be forced to make an effort to pay off their debts through Chapter 13. Do you agree or disagree and why?

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