Question
1. Oscar Hernandez comes to your office looking for a Chapter 7 bankruptcy petition. He tells you that he attended college and has $50,000 in
1. Oscar Hernandez comes to your office looking for a Chapter 7 bankruptcy petition. He tells you that he attended college and has $50,000 in credit card debts, $25,000 in Federal Student loan, and $45,000 in medical bills which were not covered by insurance, and $5,000 debt to a former classmate. Furthermore, he tells you that he is behind $10,000 in child support, and has $40,000 maintenance arrears as part of divorce action in the Supreme Court of Queens County. At the time of divorce, it was never stipulated that maintenance shall not be dischargeable in bankruptcy. Can Oscar's maintenance arrears be discharged as part of the bankruptcy action?
2. What can happen in a 341 meeting of creditors when the debtor states that he first thought about filing for bankruptcy 2 years prior to filing the case and accumulating over $50,000 in credit card debts?
3. Sarah Yoon and John Fuentes divorced in Supreme Court in New York. As part of the decree, John was ordered to pay $267,674.50 for equitable distribution to Sara. Can the $267,674.50 be discharged in Bankruptcy? Fully explain either way.
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