Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Oscar is an individual with an average monthly income which is below the California state median income for a family of the same size. Oscar

Oscar is an individual with an average monthly income which is below the California state median income for a family of the same size. Oscar filed a Chapter 7 bankruptcy petition in California on September 1, 2020. One year before he filed for bankruptcy Oscar sold to his brother Oscar's Rolex watch worth $3,000 for $50 because Oscar wanted to keep his Rolex watch out of his bankruptcy estate. And, on September 10, 2020 Oscar's uncle died and by the terms of his life insurance policy he left Oscar $40,000 which was paid to Oscar on September 20th while Oscar's bankruptcy case was still pending.

At the time of his bankruptcy filing Oscar owed various creditors including a $10,000 judgment against Oscar held by Mr. Jones arising from a boating accident Oscar caused when he drove a boat negligently in Newport Harbor, resulting in injuries to Mr. Jones.

A. Is Oscar entitled to proceed with a Chapter 7 bankruptcy or should his petition be dismissed because granting relief under Chapter 7 would be an abuse? Explain.

B. Are the life insurance proceeds part of Oscar's bankruptcy estate? Discuss.

C. Will the judgment for $10,000 be discharged in Oscar's bankruptcy? Discuss.

D. What, if anything, will likely happen to the Rolex watch Oscar sold to his brother? Discuss.

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image_2

Step: 3

blur-text-image_3

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Essentials Of Business Law

Authors: Anthony Liuzzo, Ruth Calhoun Hughes

11th Edition

1260734544, 978-1260734546

More Books

Students also viewed these Law questions

Question

What are the five joint types used in robotic arms and wrists?

Answered: 1 week ago