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Mary went for a consultation about a surgical procedure. When Robert met with her, he wore a name tag that identified him as a doctor
Mary went for a consultation about a surgical procedure. When Robert met with her, he wore a name tag that identified him as a doctor and was addressed as doctor by the nurse. Robert then examined Marty, touching her stomach and showing her where the incision would be made. Robert was not a doctor, he was the office manager. Although the doctor actually performed the surgery on Mary, Robert was present. The doctor left a tube in Marys body at the site of the incision. A jury awarded Mary $275,000 in damages in a suit against Robert.
Robert borrowed $20,500 from a federal student loan program to finance his office management school. His salary at the doctors office was $12,500. Robert still lived at home with his mother, free of charge. After setting aside $50 a month in savings that included $233 for a new car and $50 for tools from Home Depot, his disposable income was $125 per month.
Robert wants to file a Chapter 7 bankruptcy petition. Why is Chapter 7 preferable in his situation to Chapter 11 or Chapter 13? Is this judgment dischargeable in bankruptcy court? Robert wants to ask the bankruptcy court to discharge the debts owed for his education. Should the court do so?
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