Bankruptcy Law, The Law of Debtors and Creditors Problem Set Answers, Warren Westbrook Sixth Edition - Problem Set 17

Problem Set 17

• 17.4
• §109(e) the dollar ceiling of Ch 13.
• §1325(a)(3) good faith and (b) disposable income test.
• §1328(a): Not dischargeable for personal injury.
• Whether the dividends of $275K from a spendthrift trust are the property of the estate.
• No matter whether the dividends are property of the estate or not, he has a very high income, so if he files for bankruptcy in Ch. 7 or 13, the court may question whether he is in good faith.
• Even if he can file such a plan, the dividends are the disposable income, right? So he should commit the disposable income to the creditors.
• Notably, the debt for the personal injury is not dischargeable, so Frank cannot escape the liability.
• My advice is to file a petition as negotiation leverage and comprise with the creditors.

17.6

• Loose the limitation on the access to the Ch. 13?
• How about the disposal income?

Problem Sets: Table of Contents

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