I'm having trouble completing an IRAC for a bankruptcy case. Here is the fact pattern.

Thomas Crowne is in your law office asking for legal help. He states he had or $300,000 in student loans that were used to finance his education at Merce University where he obtained an A.B., an MBA, and another unspecified graduate degree as well as a large number of courses tward his JD degree. He did not make payments on these student loans. In 1996, he was elected assessor for Putnam County, TN, a position he held for two years and frou mounts. He was then convicted of the first-degree murder of state senator Tommy Burks. He exhausted all of his appeals and is currently service a life sentence without the possibility of parole. The debtor has one dependency, a son born in August 1998. The circuit court for Putnam County, TN ordered Crowne to pay child support of $161.00 pre month plus $7254.20 in medical expenses. Crowne did not make any of the court-ordered child support payments and was in arrers by more than $23,515.00. Crowne asked to have his student loans discharged on the basis of his hardship.

This is what I have so far.

Introduction: Thomas Crowne was a lawyer who seeks to file bankruptcy for student loans totaling over $300,000. He was also ordered to pay $161.00 per month in child support along with $7254.20 in medical expenses. He owes arrears of more than $23,515.00. In addition, Crowne was convicted of first-degree murder of state senator Tommy Burkes. Crowne has exhausted all appeals and desires to file bankruptcy due to hardship.

Issue:Should Crowne file for bankruptcy? If so, what type is appropriate? What debt can be included in the bankruptcy?

Rule: 11 U.S.C 109(e) Only an individual with regular income that owes, on the date of the filing of the petition, noncontingent, liquidated, unsecured debts of less than $250,000[2] and noncontingent, liquidated, secured debts of less than $750,000,[2] or an individual with regular income and such individual's spouse, except a stockbroker or a commodity broker, that owe, on the date of the filing of the petition, noncontingent, liquidated, unsecured debts that aggregate less than $250,000[2] and noncontingent, liquidated, secured debts of less than $750,000[2] may be a debtor under chapter 13 of this title.

Analysis Thomas Crowne is a lawyer who worked as an assessor for Putnam County, TN. Crowne owes over $300,000 of student loan debt and seeks bankruptcy. Additionally, he has been convicted of first-degree murder and is serving a life sentence without the possibility of parole. To file bankruptcy only individuals who have a regular income, liquidated, and unsecured debt of less than $250,000 can apply for bankruptcy (11 U.S. Code, 109). The question is whether he has assets to pay off the debt.

As to his child support and arrears, because he does not have a regular income, and since child support is a priority debt, payment of arrears must be handled first once a full report of assets and liquidation of same has been calculated.

Conclusion: Because he did not make good faith payments on these loans and the fact that he is in prison, he is not eligible for Chapter 13. He must show regular income for repayment, which is not possible since he is incarcerated.

This is only a draft. Please help.