Sylvia Estevez's husband Emilio died of a sudden heart attack late last year, leaving Sylvia as the sole caretaker and supporter of their two young sons. Emilio did not have medical insurance, and Sylvia was left with approximately $100,000.00 in medical bills and other expenses. Sylvia and the boys were okay for a few months, as Emilio's employer paid a one-time death benefit of $25,000.00 to his widow. Try as she might, however, she has been unable to keep up with monthly living expenses, let alone pay back the bills stemming from her husband's passing. She grosses$3,250.00 per month at her job as a teacher's assistance(which she has had for more than five years)and receives a monthly survivor's benefit from Social Security of $1,300.00. The mortgage is $1,350.00 per month, her monthly car payment is $375.00, and she still has to pay gas, utilities, insurance, and figure out how to put groceries on the table. After a heart-to-heart with her family and being at her wit's end, Sylvia has concluded that filing Chapter 7 bankruptcy is the only solution available.

(a)What must Sylvia do before filing for relief under Chapter 7?What will happen if she fails to comply with (the) pre-filing requirement(s)?

(b)Assume that Sylvia files bankruptcy under Chapter 7andthe median annual family income in her home state is $48,500.00.Based on the information provided, is she automatically eligible for Chapter 7 protection? Why or why not?

(c)Suppose the Court determines that Sylvia has some money left over after her monthly expenses with which to pay at least a portion of her outstanding bills. What steps will the Court take to determine whether her petition constitutes "an abuse"because she makes too much money?

(d)What will be the result if the Court determines an abuse has occurred?Why?