When the Richmonds filed for Chapter 7 liquidation under the Bankruptcy Code, their unsecured debts totaled a
Question:
When the Richmonds filed for Chapter 7 liquidation under the Bankruptcy Code, their unsecured debts totaled a little more than $19,000. All but $225 of the unsecured debts was owed on credit cards. The trustee in bankruptcy noted that the Richmond’s monthly expenses included voluntary payments in support of their grandchildren. The trustee also pointed out to the court that, if these payments were stopped, the Richmonds would have an additional $300 per month with which to pay off the credit cards. In fact, under a three year Chapter 13 plan, the Richmonds could pay off more than 90 percent of the credit card debt in 36 months. As a consequence, the trustee filed a motion to dismiss the Richmond’s case, contending that to grant relief to them would be an abuse of Chapter 7. The court noted that in making such a decision, it must decide whether the debtors are seeking an advantage or are truly needy in the sense that their financial situation warrants dismissal of the debts. How should the judge decide this case, and why? (In Re Richmond, 144 Bankruptcy Reporter 539)
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