QUESTION II (15 points) You are the debtor's lawyer in the chapter 7 bankruptcy of Jerry Mayers who teaches antitrust law and copyright at the University of the Southern States Law School in Biloxi, Mississippi. Six months before filing his bankruptcy case, Mayers incurred several debts which led to the following claims in his bankruptcy case. First, Local Bank filed an unsecured claim for $950. Six months before his bankruptcy filing, Mayers had applied for a loan for $1,000 to pay for his various bad habits. Local Bank had him fill out a financial statement in connection with the loan. He had nine debts totaling $12,000. He asked the loan officer what to do, and the bank official told him to "just do your best" Mayers listed the four highest debts totaling $8,000, but omitted the other eight. Mayers signed the financial statement and gave it to the bank official, who promptly put it in the filing cabinet. The bank officer then immediately gave Mayers the $1,000 in $50 dollar bills. Second, a claim for $7,555 by American Express for charges on Mayers's American Express Charge Card. Mayers tells you that for the two years before bankruptcy, he let his sister use the card because she was starting a business and needed the credit. Further discussions reveal that Mayers's sister has been receiving government assistance for five years, and that her business is already in financial difficulty because she cannot pay its bills. Mayers says he shouldn't be responsible for this bill, but you determine that his sister is not an authorized card holder under Mayers's account agreement with AMEX. Finally, Mayers's brother loaned him $2,000 a month before his bankruptcy filing with "no questions asked." Apparently Mayers had done the same for his brother awhile back, and his brother wished to reciprocate. Mayers promptly went to a local casino and blew all of the money. While losing at blackjack (he plays based upon "his gut, not his brain"), Mayers told the dealer that his brother and his whole family "could go to Hades for all I care - they've taken from me all my life, now I'm going to get them." Anticipate any arguments that the foregoing creditors might make in seeking to maximize their recovery in Mayers's bankruptcy case, and evaluate what the result will be. Please state any additional facts that might be relevant to a final determination in each case.ESSAY QUESTION #2 The Church of Eternal Punishment [CEP], a strict funda- mental sect, purchased a small vacant lot in Sludge Falls, an unzoned but posh, exclusively residential area. Residents of the quiet neighborhood were in an uproar over speculation that a facility for worship services might be squeezed onto the tiny . property, attracting to the con'ununity intolerant, biblenthumping types. But the uproar turned to widespread outrage when, with- in the course of a single week, and without warning, CEP quickly erected net a church, but a 150 feet broadcasting antenna which dominates the landscape and which is uniformly regarded by le Filleians as hideously ugly. The antenna serves CEP'a "Nor d crusade' radio station located d miles away in the base- ment of the home of Reverend Spoon. In addition to being un- attractive, the tower, having been quickly and perhaps care- lessly constructed, sways noticeably when there is a light breeze, causing concern to the homeowners nearby. Moreover, certain electrical equipment located at the base of the tower emits a very annoying electrical buzz which can be heard for at least s 10H yards. In response to the public uproar, Cando, a candi~ date for township supervisor, has vowed that if elected he will do everything within his power, through eminent domain or other- wise, to have the tower removed. Notwithstanding this sincere pledge, Heme, a neighbor whose dining room is precisely 33 feet from the base of the tower, and his friend Dingo, who livEs a quarter of a mile away, but from whose house the tower is plainly visible, have contacted your senior partner, hr. R.h. Sgueese, expressing a desire to sue to force the tower to be dismantled. Hr. Squeeze regularly practices in the field_o Torts. In a memo to him, briefly discuss any tolerable tort causes of action and their likelihood for success. Question 4 (50 minutes) Albert and Belle converted their home into a bed and breakfast. Their bu si- ness was popular among families because there was a giant trampoline in the backyard for children. The couple successfully ran the business for years until Albert passed away. After Albert's death, Belle closed the bed and breakfast and only allowed close family and friends to stay ove might in her home. Belle refused occupants under 13 yea rs old because she wanted children, but never had any with Albert. For the next ve years, Belle never stepped into the backyard. The trampoline started to deteriorate. Belle put a small sign on the back door that said \"Off Limits.\" deer, a nine-year old boy who lived down the street, climbed the fence and used the trampoline on a daily basis. Belle never saw Wilder in the backyard because he always played in afternoon while she was grocery shopping. Wilder played unnoticed for two weeks until he accidentally left hisjacket and note- book near the trampoline. Belle saw the items and thought it was strange, but never investigated further. Demi, Belle's cousin, visited Belle for a couple days as a guest. During her visit, Demi saw Wilder on the trampoline. Demi did not see Belle's sign and went outside to watch Wilder. When Demi sat on a lawn chair, it broke because the screws were loose. Demi fell back and hit her head. Demi suffered a con- cussion. At the same time, the trampoline ripped and Wilder fell. Wilder scratched his legs on the rocky terrain under the trampoline. A state statute requires the use of rubber tile under any structures built for children. (1] Demi sued Belle for negligence. Will she prevail? Do not discuss causa- tion, damages, or afrmative defenses. (2} Wilder sued Belle for negligence. Will he prevail? Do not discuss causa- tion or damages, or armative defenses. QUESTION 2 Dealer operates an antique shop. While traveling, she buys a Union cavalry officer's handgun for $1,500 from Seller. Dealer takes several photos of the handgun and Seller agrees to ship it to Dealer's shop. When Dealer arrives home, she immediately shows the photos of the handgun to Buyer. The parties shake hands on a deal to sell the handgun to Buyer for $2,000, payment upon delivery. The next day, Buyer regrets agreeing to the deal without first having an opportunity to actually examine the handgun. Buyer tells Dealer that he will not pay the $2,000 unless she first allows him to have the handgun examined by an expert appraiser. Dealer becomes angry and tells Buyer, "A deal's a deal. I'll expect my money when the handgun is delivered to you." When the handgun arrives at Dealer's shop, she does some internet research and discovers that the handgun was issued to a general who played a prominent role at the Battle of Gettysburg, which increases the value of the handgun by a factor of ten. The next day, Dealer receives a letter from Buyer stating, "Sorry. You're right. A deal's a deal." The envelope contains a check for $2,000. Dealer sends the check back to Buyer with a note stating, "Buyer: Because you backed out of our deal, I will not sell you the handgun. //Signed// Dealer.' A few weeks later, Buyer learns that Dealer is offering the handgun for sale at her shop for $20,000 because of its connection to the Civil War general. Buyer brings suit against Dealer for breach of contract, requesting specific performance. 1. Is Buyer likely to prevail against Dealer in his suit for breach of contract? Discuss. 2. If so, is the court likely to grant Buyer's request for specific performance? DiscussQUESTION I (12 points) Mr. and Mrs. Karolya have just proposed a standard three-year plan in their chapter 13 bankruptcy case. They are a retired couple who receive, after taxes, $2,500 total income from a combination of social security and pension plan savings. Their chapter 13 plan proposes to pay a total of $480 per month to fund payments to their unsecured creditors. They have no secured debt. The Karolyas have $18,000 in nonexempt assets. The Karolyas' plan calls for the following monthly payments: $800 for rent, $200 for health and life insurance, $200 for groceries, $100 for social clubs, magazines, and other subscriptions, $50 for their grandson's tuition college, $ 450 to their church as a charitable contribution, $100 for health aids, and $100 general spending money for entertainment and incidentals. These amounts are the same or approximately the same as the Karolyas have spent before the chapter 13 filing. You represent one of the Karolyas' unsecured creditors, Caring Hospital. Are there grounds for objecting to the Karolyas' plan? What are they?QUESTION I (12 points) Mr. and Mrs. Karolya have just proposed a standard three-year plan in their chapter 13 bankruptcy case. They are a retired couple who receive, after taxes, $2,500 total income from a combination of social security and pension plan savings. Their chapter 13 plan proposes to pay a total of $480 per month to fund payments to their unsecured creditors. They have no secured debt. The Karolyas have $18,000 in nonexempt assets. The Karolyas' plan calls for the following monthly payments: $800 for rent, $200 for health and life insurance, $200 for groceries, $100 for social clubs, magazines, and other subscriptions, $50 for their grandson's tuition college, $ 450 to their church as a charitable contribution, $100 for health aids, and $100 general spending money for entertainment and incidentals. These amounts are the same or approximately the same as the Karolyas have spent before the chapter 13 filing. You represent one of the Karolyas' unsecured creditors, Caring Hospital. Are there grounds for objecting to the Karolyas' plan? What are they