Question
For this assignment you have to do some research on North Carolina's bankruptcy exemptions and apply them to the scenario below. You'll be given a
For this assignment you have to do some research on North Carolina's bankruptcy exemptions and apply them to the scenario below. You'll be given a business' assets (with dollar values) and a grand total. Then, you apply state exemptions (deductions) to reduce the total asset value to arrive at a net figure. That figure represents what asset value the business must use to pay off its debts.
- Here's a link to the bankruptcy exemptions from the NC General Statutes page: Alternatively, you could Google "North Carolina Bankruptcy Exemptions" and find a website that gives you categories of assets that are exempt and dollar values. Don't use federal exemptions.
- Use the attached table to fill in the Amount Exempt and Category of Exemption columns (I did the first one for you so you can see what I mean).
- Assume that Mr. Farquarr is filing for Chapter 7 bankruptcy
- Calculate the net assets available to creditors (total assets minus total exemptions).
Below is a list of assets for Farquarr Mule Skinners, a sole proprietorship of Mr. Gomer Farquarr (45 years old, unmarried, one dependent child).
Description | Mkt. Value | Amt Exempt (if any) | Category of exemption (and reason why it should be exempt) |
529 plan held for child | $30,000 | $25,000 | Funds in a qualified 529 plan to a limit of $25,000 for a child of the debtor. 1C-1601(a)(10) |
Cash in savings account | $10,000 | ||
Mutual funds in a regular (taxable) brokerage account. | $22,900 | ||
Individual Retirement Account balance in an Etrade IRA account | $67,500 | ||
Home Furniture (all bought years ago) | $4,000 | ||
Mule harnesses, reins, and other equipment | $2,500 | ||
Personal residence ($100,000 still owed on mortgage) | $200,000 | ||
Barn and outbuilding | $35,700 | ||
Pick-up truck (owned outright) | $13,900 | ||
80-inch wide-screen TV (bought last week) | $5,000 | ||
Total Assets | $391,500 | ||
Total Exemptions (add up exempt amounts) | |||
Net amount available to Creditors (Total Assets minus Total Exemptions) |
there will most likely be some variation among your responses, as it isn't always immediately clear if something should be exempt.
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