Question: please answer correctly in 3-5 sentences for both short scenerios (28.1) and (22.1). thank you! 28.1 Bankruptcy Estate Dr. Morris Lebovitz and Kerrye Hill Lebovitz,
please answer correctly in 3-5 sentences for both short scenerios (28.1) and (22.1).
28.1 Bankruptcy Estate Dr. Morris Lebovitz and Kerrye Hill Lebovitz, husband and wife, were residents of the state of Tennessee. Dr. Lebovitz filed for bankruptey protection as a result of illness. Mrs. Lebovitz (Debtor) filed for bankruptcy because she had co-signed on a large loan with Dr. Lebovitz. The Debtor is the owner of the following pieces of jewelry: a Tiffany 5-carat diamond engagement ring (purchase price $40,000 to $50,000 ), a pair of diamond stud earrings of approximately 1 carat each, a diamond drop necklace of approximately 1 carat, and a Cartier watch. All of these items were gifts from Dr. Lebovitz. Tennessee opted out of the federal bankruptcy exemption provisions and adopted its own bankruptcy exemption provisions. Tennessee does not provide for an exemption for jewelry. The state does provide for an exemption for "necessary and proper wearing apparel." Debtor claimed that her jewelry was necessary and proper wearing apparel and was therefore exempt property from the bankruptcy estate. The bankruptcy trustee filed an objection to the claim of exemption, argiuing that the Debtor's jewelry does not qualify for an exemption and should be part of the bankruptcy estate. Does Debtor's jewelry qualify as necessary and proper wearing apparel, and should it thus be exempt property from the bankruptey estate? In re Lebovits, 344 B.R. 556, 2006 Bankr. Lexis 1044 (United States Bankruptey Court for the Western District of Tennessee, 2006) 22.1 Negotiable Instrument William H. Bailey, MD, executed a note payable to California Dreamstreet, a joint venture that solicited investments for a cattle breeding operation. Bailey's promissory note read, "Dr. William H. Bailey hereby promises to pay to the order of California Dreamstreet the sum of $329,800." Four years later, Dreamstreet negotiated the note to Cooperative Centrale RaiffeisenBoerenleenbank B.A. (Cooperatieve), a foreign bank. A default occurred, and Cooperatieve filed suit against Bailey to recover on the note. Is the note executed by Bailey a negotiable instrument? Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A. v. Bailey, 710 F.Supp. 737,1989 U.S. Dist. Lexis 4488 (United States District Court for the Central District of California)
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