Question
Johnny Bigbucks is 58 years old and lives in rural Mississippi. He has been very successful in several business ventures, but with the downturn in
Johnny Bigbucks is 58 years old and lives in rural Mississippi. He has been very successful in several business ventures, but with the downturn in the economy he finds his business interests quickly on the demise. The businesses are all separate legal entities, but as many small business owners, Johnny guaranteed many of the business debts. With the businesses all but shut down and without funds to meet their obligations, creditors of the businesses are now turning to Johnny on the guarantees they have. Several creditors, SmallBiz Bank and Littleguy Bank, have sued Johnny and obtained default judgments for the obligations and are about to attempt to collect those debts from Johnny. Overall, however, the majority of Johnny's debts are consumer.
1. Johnny has heard about Chapter 7 and Chapter 13, but does not understand the key differences. As his attorney explain to him the primary (three) legal distinctions between Chapter 7 and Chapter 13. Be detailed.
2. Johnny has heard about the "means test." Explain to Johnny the "means test" and the role it may play in his case.
3. You are concerned about Johnny's "good faith." Explain to Johnny what role "good faith" may play if he files for bankruptcy relief under Chapter 7 and Chapter 13.
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