Business Under the Bankruptcy Code, Janet Is A-Level Outline Answer

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Under the Bankruptcy Code, Janet is obliged to file several documents and schedules. These include a certificate of credit counseling, evidence of employer payment 60 days before the filing, a statement of monthly net income and anticipated income increase or expenses after filing, and a record of interest in terms of federal or state qualified education or tuition accounts. These documents must be filed 60 days prior to filing the Chapter 7 petition.

If this deadline is missed, the likelihood is that the filing will be dismissed or modified to a different type of filing, which could have financial implications for Janet.

To determine whether Janet is involved in substantial abuse of Chapter 7, the court would determine whether the debts are primarily consumer oriented. If the income exceeds the minimum threshold determined by 11 USC 702 (B) of the code, it would be considered as substantial abuse.

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If the current monthly income exceeds allowable expenses multiplied by 60, to the minimum of $10,000 or the maximum of 25% of unsecured nonpriority claims, this implies abuse. Those with a disposable income of $50,000 would more likely than not be prevented from filing a Chapter 7 claim. In Janet's case, her disposable income is far below this mark, which means that she would probably be allowed to proceed with the Chapter 7 filing.

Were the court however to find an ability to pay the medical debts from her disposable income, the order would likely be to do so on a monthly basis, in an amount that is considered reasonable for Janet's situation.

A prejudgment attachment provides for the recovery of money damages by levying security interest on the property of a party obliged to pay these damages.

A writ of execution involves a court order to.....

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