Three months ago, Janet Harts husband of twenty years died of cancer. Although he had medical insurance,

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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 \($1\),500 per month. Since her husband’s death, Janet also receives \($1\),500 in Social Security benefi ts and \($1\),100 in life insurance proceeds every month, for a total monthly income of \($4\),300. After she pays the mortgage payment of \($1\),500 and the amounts due on other debts, Janet has barely enough left to buy groceries for her family (she has two teenage daughters at home). She decides to fi le for Chapter 7 bankruptcy, hoping for a fresh start. Using the information presented in the chapter, answer the following questions.

1. What must Janet do before fi ling a petition for relief under Chapter 7?

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

3. Assume that Janet fi les a petition under Chapter 7. Further assume that the median family income in the geographic area 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” using the means test?

4. Suppose that the court determines that no presumption of substantial abuse applies in Janet’s case.
Nevertheless, the court fi nds that Janet does have the ability to pay at least a portion of the medical bills out of her disposable income. What would the court likely order in that situation?

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Business Law Text And Cases Legal Ethical Global And Corporate Environment

ISBN: 9780538470827

12th Edition

Authors: Kenneth W. Clarkson, Roger LeRoy Miller, Frank B. Cross

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