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Bankruptcy Service Contract Chrysler - Excel

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Bankruptcy Service Contract Chrysler document sample

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									Case          Example of
Citation      Unsopisitcated Debtor




              “mobile home is currently located at
              Lee's Trailer Park, in Revere,
              Massachusetts, and serves as the
              Debtors' current residence and
24 BR 385     domicile.” Id. At 387

              “owned a parcel of land in
              Kennebunkport. In August, 1980, they
              arranged to purchase a new
              manufactured home, contingent upon
              financing. The Ladds borrowed $18,500
              from Kennebunk Savings Bank,
              granting the Bank as security a
              "Mortgage Deed" on the land and a
              "Chattel Mortgage" on the
21 BR 579     manufactured home.” Id. At 580
              “the Debtor herein, was injured while in
              the course of his employment with the
              Richmond, Fredericksburg & Potomac
              Railroad Company on November 9,
              1978. On August 18, 1980, Tignor filed
              a voluntary petition under Chapter 7 of
              the Bankruptcy Code listing debts in
21 B.R 219    excess of $36,000.00.” id. At 219.
              "…Debtor is an Agent for Mutual of
              Omaha Insurance…. He is paid solely
19 br 190     on a commission basis…" at 192
              The Debtor is a college student and
              expects to have no income for
              payment of her creditors for at least
17 B.R. 768   three years. Id. at 770
              From the inception of this proceeding
              the Debtors have not owned a
14 B.R. 788   homestead. Id. at 788.
              Debtor, claimed unmatured life
              insurance policies on the life of his son
              as exempt under the provisions of 11
              U.S.C. s 522(d)(7). His son died one
              week after the Debtor filed a voluntary
14 br 92      petition in bankruptcy. At 93

              “The Petitioner's circumstances are that
              she was divorced in February, 1978,
              and had a child by her ex-husband in
              December, 1978. The Petitioner has
              been employed at the State Highway
              Department for several years and earns,
              on the date of trial, approximately $
              840.00 per month gross, and a little less
              than $ 500.00 net per month (after
              about $ 70.00 is paid to the Credit
13 B.R. 175   Union per month).” Id. at 176
              “Debtor fell 12-15 feet to the ground.
              As a result of this fall, he broke his left
              tibia which now causes him to limp
              when tired. Apparently also as a result
              of this occurrence, he is now physically
              and emotionally unable to do many
              activities which he was able to do
              before. It is further alleged in the
              affidavit that he has lost income and
              will continue to lose income because of
              this incident and his resulting physical
13 B.R. 121   impairment.” Id . at 122
              “These elderly debtors face a battle with
              cancer and the trustee in bankruptcy for
              the use of $ 21,992.87 in accrued
11 B. R 677   pension benefits.” Id. at 178




              According to the defendant's
              uncontradicted testimony, she herself is
              a diabetic who requires considerable
              medicine each month and the same is
              true of a 13-year-old daughter. Id. at
11 BR 48      49.
              Robert August Pommerer and Shirley
              Georgeann Pommerer, husband and
              wife, filed a petition for relief under
              Chapt. 7 of the Code on August 29,
              1980. For much of his adult life,
              Pommerer has either worked on a farm
              or operated a farm, mostly in
              conjunction with other employment.
              From 1951 to 1954, he worked in the
              iron mines, in 1956 and 1957 he
              worked on a farm in Wisconsin, and
              from 1957 to 1970 he was employed as
              a truck driver. In 1971, he started to
              farm on his own, and in 1975 entered
              into a Contract for Deed for the
              purchase of a larger farm. Throughout
              this period he maintained employment
10 br 935     as a part-time truck driver. at 937
              “The debtor, James Edward Harter,
              after retiring from the United States
              Army in September 1975, has been
              receiving a pension of approximately $
10 BR 272     6,000.00 a year.” Id. at 273.
              “Mr. Lind is a self-employed drywaller.
              Mrs. Lind operates a foster care home
10 B.R. 611   for elderly women.” Id. at 612.

              “Debtor is a divorced woman who
              receives no alimony or support monies,
              her ex-husband being in a correctional
              institution. She has two children
9 B.R. 799    dependent upon her, ages nine and six.”
             “when the debtor failed to make further
             loan payments, IVB sought the
             assistance of a collection agency and,
             beginning in mid-September, the
             president of the agency, Robert Longley
             ("Longley") made repeated phone calls
             to the debtor, both at home and at work,
             stating that he was from IVB. On
             October 3, he phoned the debtor at
             work, and persuaded her to meet with
             him in his car, which was parked
             outside the debtor's place of
             employment. At that meeting, the
             debtor states that Longley threatened to
             take away her home by an execution
             and sheriff's sale. The debtor then
             admitted that she had a savings account
             containing $ 1,000 and agreed to give
             Longley $ 800.00 to prevent the sale of
             her home. The debtor went with
             Longley to her home where she got her
             bank book. They proceeded to the bank,
             where the debtor withdrew $ 800.00
8 B.R. 578   and gave it to Longley. Id. at 579
             “Bruce Akers Musgrove (Debtor)
             sustained an injury to his left arm while
             in the course of his employment as a
             brakeman for the N & W on April 29,
             1978. After sustaining a loss of earnings
             as well as a loss of employer
             contributions to a retirement program
             for approximately 142 days, the Debtor
             returned to work on or about October
             15, 1978 but in a different capacity.
             Evidence indicates permanent 5%
             disability to the Debtor's left arm.” Id.
7 B.R. 892   at 893
             “The debtor was, during the relevant
             pre-petition time period, an insurance
             sales agent whose remuneration came in
2 B.R. 674   the form of commissions.” Id. at 675




             “The debtor was employed by Chrysler
             Corporation to operate a fork-lift truck,
             commonly called a "Hi-lo," to transport
             various materials within the plant.” Id.
2 B.R. 603   at 606
             In May 1989, the Debtors gave a
             purchase money security interest in
             their mobile home to the predecessor in
             interest of Lender Service, Incorporated
             ("Lender Service") the creditor herein.
121BR 600    Id. at 600-601
               “Keith Lingle has been employed at
               Farmland Industries approximately 10
               years as a laborer. He has no post-high
               school education or job skills that
               would indicate any prospects for his job
               future to be other than working as a
119 B.R. 672   laborer.” Id. at 673




               “Debtor is a 25 year old woman
               employed as an office cashier by the
               Wal-Mart store in Joplin, Missouri. She
               has been employed by Wal-Mart for 8
               1/2 years. She is presently divorced, has
               custody of her dependent son, and her
               sole means of financial support is her
               Wal-Mart salary. She receives no child
118 B.R. 716   support.” Id. at 717




               Kyle Smith is a single person presently
               25 years of age who, lacking a high
               school diploma, has been employed in a
               series of menial jobs earning just over
               minimum wage. His income has been
               less than $ 5,000.00 in past years … “
113 B.R. 579   Id. at 583
               Debtor has a high school degree
               through G.E.D., suffers from a blood
               disease (Porphyria Cutanea Tardia)
               which is congenital and had no known
               cure, owns nothing but a partially paid
               for pickup truck, minimal household
               furnishings and clothing, and has no
               substantial prospects for an increase in
               income except what he receives as a
               result of union negotiated contracts with
               his employer. Debtor presently makes $
               13.47 per hour, has no insurance with
               substantial cash value, no annuities and
               only the anticipation of social security
               benefits plus income from the fund at
103 B.R. 205   the time of retirement. Id. At 206
               As of the date of the hearing, Debtor
               was working as a waitress earning $
               300 per month. She has a G.E.D., but
               no college education and is 42 years
               old. Debtor's fifteen year old child lives
95 B.R. 590    with her. Id. at 591-2
               In the instant case, the Debtor is self
               employed as a truck driver. Truck
               driving is clearly a trade or profession.
               The 1987 Peterbilt Truck is reasonably
               necessary, convenient or suitable for his
209 BR 251     trade or profession. Id. at 253.

               “Barbara Claude's medical records
               reveal that she suffered a broken wrist
               when her right arm was caught in a
               mixer at work on March 11, 1991. Mrs.
               Claude required corrective surgery and
206BR374       physical therapy.” Id. at 375.
               "On June 25, 1996, the Debtor filed the
               instant individual Chapter 13
205 B.R. 467   bankruptcy case pro se…: id. at 470.
               Debtors are married with two dependent
               children. In 1995 they had a total
204 B.R. 57    income of $ 15,424. Id. at 58.

               The debtors' Bankruptcy Schedule I
               indicates that Charles Gralka, who is
               forty-five (45) years old, is employed as
               a manager of a specialty grocery store,
               that he has held that position for three
               years, and that his monthly gross and
               net wages respectively are $ 3,041.66
               and $ 2,518.08. Schedule I also
               indicates that Janet Gralka, who is forty-
               six (46) years old, is not employed (ie.,
               "homemaker"). However, testimony
               elicited at a hearing on this matter held
               November 4, 1996, established that she
               works twenty (20) to thirty (30) hours
               per week without pay at the same
               business that employs her husband and
               that is also owned by her parents.” Id.
204 B.R. 184   at 185
               The Debtor, Cheryl Harmon
               Bannourah, is 38 years old. She has a 4
               1/2 year old son, Michael. The Debtor's
               husband, who died in November 1993,
               named the Debtor as the beneficiary of
               a life insurance policy. The Debtor filed
               a petition pursuant to Chapter 7 of the
               Bankruptcy Code in 1995. She amended
               her schedule of exemptions on January
               29, 1996, to claim an exemption in her
               deceased husband's life insurance
201 B.R. 954   policy. Id. at 954
                At the hearing on the objection to
               confirmation filed by Hamilton City
               Employees Credit Union ("Creditor"),
               the debtor testified that since he filed
               his chapter 13 plan, his weekly income
               has been reduced from $800/week to
               $390/week, and that there may be a
               subsequent reduction in his income as
               of June 29th. He also testified that he
               has drastically reduced his expenses,
               and that it is his intention to eliminate
               all expenses for clothing, recreation,
               vitamins, medical expenses, and the
               cost of assisting his daughter with
               insurance. The debtor also testified that
               he is a Certified Public Accountant and
               is currently looking for different
               employment. In addition, the debtor is
               53 years old, has had two heart attacks
               and bypass surgery, and is overweight.
199 br 367     at 368
               In recent years, the Debtor's financial
               situation has markedly declined. From
               an income of approximately $135,000
               in 1989, the Debtor's only source of
               income in 1995 was Social Security
               disability pay of $10,530. See Debtor's
               Exhibit No. 1. The Debtor suffers from
               diabetes and "rocker feet." His medical
               prognosis is not good, nor is he likely to
               receive earned income in the reasonably
               foreseeable future. The Debtor stated
               that his wife receives $1,460 per month
               from her retirement pension from
               Ameritech. See Debtor's Exhibit No. 5.
               In addition, his wife receives $230.00
               per month from a part-time *407 job
               with a dentist. See Debtor's Exhibit No.
196 br 402     5. at 406-07

                Debtor Jack R. Searcy was injured in
               an automobile accident on August 9,
               1993. As a result of said injuries Mr.
               Searcy is now unable to work and
               receives social security payments in the
               amount of $514.00 per month. He will
               need to take medication for the injuries
193 br 895     received for the rest of his life. at 895.
               “The Debtor was employed with the
               Boise School District. He elected to
               take early retirement and to participate
               in the ERIP program. Under that
               program, he will receive the sum of $
               3,624.26 as calculated by the
               Administrator of Business Operations
               of the Independent School District of
               Boise City. The payment is due in July,
               1996. The gross amount to which the
               Debtor would be entitled is $ 5,642.50.
               The $ 3,624.26 is an estimate of the
               amount the Debtor will receive in July
               after deducting state and federal
192 B.R. 755   withholding taxes.
               “Brown's tax returns reveal that her
               income from employment for 1994 was
               only $ 7,162.00. Brown maintains a
               household with her three children.
               Thus, her 1994 income was $ 7,638.00
               below the federal poverty guideline of $
               14,800.00 for a family of four.” Id. at
186 B.R. 224   225

               Francis Bresnahan ("debtor") is a retired
               civilian employee of the United States
               Air Force and receives $ 15,360 a year
               in retirement income from the Air
               Force, payable on December 31 of each
183 B.R. 506   year.” Id. at 507




               “The trustee claims that the crop
               insurance proceeds are property of the
               bankruptcy estate. Debtors claim the
               insurance proceeds are exempt even if
               they are included in the bankruptcy
186 B.R. 249   estate.” Id. at 250.
               “In December 1994, soon after the
               chapter 7 petition was filed, the
               husband started "moonlighting" as a
               heating and air conditioning mechanic.
               He earned approximately $ 75 in
               December and $ 900 in January for
192 B.R. 133   such work.” Id. at 135




               They are engaged in farming in Waseca
181 B.R. 938   County, Minnesota Id. at 939
               “Among the items Debtors claim as
               exempt are a couch and loveseat, which
               Debtors value at $ 800.00, and a washer
               and dryer, which they value at $ 400.00.
               Debtors assert that they are entitled to
               exempt $ 200.00 in the couch and
               loveseat, and $ 200 in the washer and
179 B.R. 982   dryer under…” Id. at 983
               “The separate debtor, Priscilla Jane
               McPheeters, is, and was at the time the
               case was filed, engaged in the
               occupation of selling Mary Kay
               cosmetics. She purchases the cosmetics
               from Mary Kay Cosmetics, Inc. at a
               wholesale price, and resells them to her
               customers at a retail price. She does not
               use the cosmetics as raw materials in
               any manufacturing or other finishing
               process, nor does she manufacture the
               cosmetics herself. However, Mrs.
               McPheeters does use the inventory
               which is required to carry on her
179 B.R. 680   profession.” Id. at 681

               “In 1984, Connie Dulas ("Connie") was
               involved in an automobile accident. As
               a result of the accident, Connie suffered
               severe personal injuries, including total
177 B.R. 897   vision loss.” Id. at 897.
               “Mrs. Zink testified that she is a
               licensed beautician and that this was her
               full time job before the debtors were
               married. Prior to the bankruptcy, she
               was working at her beauty salon only
               one day a week. Since the bankruptcy,
               she has started working there two days
               a week. She also testified that during
               the first 10 years of their marriage she
               was active in the farming operation
               during harvesting and when they were
               busy. During the last 12 years, she has
               been very active in the farming
               operation, helping out on a daily basis
               and keeping the records. She testified
               that she has participated by doing
               almost all of the debtors' own
               combining and helping with the custom
               combining, feeding cattle on a daily
               basis, breaking water, turning bunks,
               drilling wheat, driving the truck to pick
               up corn, and discussing planting and
               other activities with her husband. Id. at
177 B.R. 713   714.
               “Prior to Ms. Eisan's filing for
               bankruptcy protection, her husband, Mr.
               Eisan ("Mr. Eisan"), an employee of
181 B.R. 848   AT&T, died.” Id. at 849.
               “Counsel for the debtor maintained that
               these amendments were required
               because he mistakenly thought the
               debtor supported two dependent
               children, rather than one, and because
               he mistakenly thought that the debtor
               used her car as a tool of her trade, rather
               than as personal transportation.”Id. at
179 br 800     802
Example of                                   Example of
Unsopisitcated Debtor                        Unsopisitcated Debtor
“The Debtors' contention that a mobile
home is household goods and/or
furnishings is not as farfetched as it
might seem on first impression. A
mobile home is an aggregation of items,
such as beds, tables, refrigerator, stove,   “To rule otherwise today, would result
and lamps, which ordinarily would be         in the creation of a potential class of
subject to the lien avoidance provision      debtors (mobile home dwellers) who
of § 522(f)(2)(A) by a debtor whose          will emerge from bankruptcy without
home is real property. “ Id. at 390          the barest of necessities.” Id. at 392.
“The manufactured home rests upon
cement blocks (there is no foundation).
The home's undercarriage is still in
place. It is attached by bolts to two I-
beams, and is easily removable. The
wheels were removed upon delivery. A
well has been drilled; septic system and
chimney installed; patio, outdoor
fireplace, and outbuildings built;
flagpole erected; and landscaping done
at the site.” Id. at 581.




Similarly, the loss of the personal injury
victim and his dependents is often more
serious than the loss of mere property to
the debtor." Id. At 223
"At the present time the debtor spends
20% - 30% of his time servicing
renewal accounts." at 192




                                                                                       not exactly UnSopoh, but judge lang
“In the calendar year 1979, the husband
worked as a swimming pool salesman
on straight commission, but made no
completed sales and realized no income
therefrom. He lost $ 4,058.00 in his
other job as a broker of automobiles.
The husband paid $ 100.00 as his 1979
quarterly estimate of tax liability and
made no further payments.” Id. at 788.




She is a qualified secretary but has no
other qualifications for employment in a
substantially higher paying job. The
evidence established that the Petitioner   “The uncontested evidence was that
has no immediate prospects for             these student loans were incurred from
substantially higher income, either by     1971 to June, 1975, and that the date
seeking other employment or by             the first payment was due was in April,
increased wages. Id. at 177                1976.” Id. at 176
“In November of 1980, John Donaghy
consulted with an attorney with the
Senior Citizens Law Project at
Westchester Legal Services who
advised the debtors how to prepare a
petition in bankruptcy on their own
since that organization did not handle
bankruptcy matters.” Id. at 679.
“Under such circumstances, when the
debtor has demonstrated that her
recurring expenses and those of her
dependents greatly exceed a meager
income and there is little or no prospect
of significant improvement in income
level, it seems that the greater part of
the benefits is necessary for their
support and should accordingly be
regarded as exempt within the meaning
of § 522(d)(11)(C).” Id. at 50.
The debtor maintains that he has no
present interest in the future benefits
which are contingent upon his survival.
Thus, he has no interest which could
become property of the estate.
Additionally, the debtor asserts that
unlike annuities and private pensions,
the benefits are necessary to his
obtaining a fresh start. Finally, debtor
argues that his creditors will not be
deprived of any pre-bankruptcy asset
since no money from his pre-
bankruptcy estate was expended to
purchase this future income stream Id.
at 273
qv -- harrassed at work = UnSoph?; o
“However, this Court sits as a court
which is mandated to apply equitable
principles. 28 U.S.C.Sec. 1481; In re
Jones, supra. The Wright case
recognizes that the debtor's future
services may be needed to give full
value to these rights and authorizes the
bankruptcy judge to compensate him
for such services. "This court is fully
cognizant that the equities may vary
from case to case and an apportionment
may be difficult in some cases." Id . at
676-677
“While the debtor may not avoid
Credithrift's security interest, an
alternative remedy is available to
him….Under the Bankruptcy Code,
however, an individual debtor may
"redeem tangible personal property
intended primarily for personal, family,
or household use, from a lien securing a
dischargeable consumer debt …. Since
the lien of Credithrift secures a
consumer debt and since the truck is
property of a kind described by Section
722, the debtor may retain the truck, if
he so elects, upon payment of its
present market value of $ 650.00. Id.
at 606
“Donna Lingle is a homemaker. She
provides for the care of the home and      “In the instant case, the Debtors'
Debtors' three minor children. Donna       expenses exceed income; Debtors have
Lingle has no post-high school             a lack of prospects for increasing their
education or job skills and suffers a      income; Debtors' have no significant
nervous disorder that prevents her from    liquid exempt assets; and Debtors have
obtaining full time employment.” Id. at    little ability to save for retirement.” Id.
673                                        at 676
“The debtor has been working at Wal-
Mart since she was approximately 17
years old and is a cashier. She has no
specialized job skills, training or
education. She takes home
approximately $ 1,300 per month,
which is not sufficient to pay the
ordinary and necessary living expenses
incurred by her and her minor son. They
have no other source of income, nor do
they have assets which could be sold to
pay living expenses. There is no
evidence from which one could assume
that the debtor's income will increase
significantly, or that her expenses will
decline” Id . at 719
                                        “Attorney Erickson was, the court
                                        believes, eminently correct in his belief
                                        that had Kyle been paid the entire
                                        settlement in cash he would have
                                        squandered it in short order. The
                                        annuity was entirely appropriate as a
“Attorney Erickson testified that his   means of providing Kyle with the
advice regarding the purchase of an     means of survival, a way to rehabilitate
annuity would have been the same        himself, and the means of protecting
irrespective of medical bills due to    himself as well as his dependent from
Kyle's inability to manage that sum of impoverishment. Seven hundred and
money, coupled with the future child    twenty-eight dollars per month is not a
support obligation. Leroy Smith as well great sum and barely places Kyle above
as Kyle testified that they relied on   the poverty level even in light of his
Attorney Erickson's advice on all       current employment which is just at
matters. Erickson agrees.” Id. at 584 minimum wage.” Id. at 587-588
Were debtor to have other assets, or
longer to amass same, or have
substantial future income potential, Id.
At 206-7
                                          Debtor testified, with respect to his
                                          contention that the settlement included
                                          an award for lost wages, that he
                                          publishes verses for a living and ran a
                                          workshop at the Garden State
                                          Correctional Institution of New Jersey
                                          in which prisoners produce greeting
                                          plaques containing his verses. He
“The Debtor testified that his only       further testified that his injuries, having
present income is social security         impaired his cognitive ability, adversely
benefits of $ 422 monthly and             affected his ability to produce verses,
dividends of $ 300 monthly, and hence and therefore that this income stream
receipt of the full benefits is necessary has declined after sustaining the injuries
for his support.” Id. at 471.             in the accident. Id. at 471
The Debtor in this case has
demonstrated that the life insurance
policy is related to the necessities of
life. The Debtor is a high school
graduate and has a jewelry certification.
Her principal source of income is
monthly social security benefits of $
1152. In addition, she makes $ 100 to $
200 a month in the jewelry business.
Since the filing of the bankruptcy
petition the Debtor has incurred $ 3000
in medical expenses for her son's
tonsillitis. Id. at 955
“The Debtor admits he is not a party to
a marriage contract but lives with and
supports a women he considers his
common-law spouse and her two
children. He helps with the support of
the two children. The spouse has no
separate income.” Id. at 755.
In this case, Brown's children have
clearly met the definition of
deprivation. Id. at 228




“I find that the post-petition, pre-
conversion crop insurance proceeds in
the amount of $ 7,250.00 are property
of the estate which debtors are entitled
to exempt pursuant to 11 U.S.C. §
522(b)(2)(A) and 7 U.S.C. § 1509
(Supp. 1995). Therefore, the trustee's
Objection to the Claim of Exemption is
OVERRULED.” Id. at 252


“This court has found that the husband,
on the date he filed his bankruptcy
petition, was a temporarily unemployed
heating and air conditioning mechanic.”
Id. at 138
                                         “The Debtors here were and are
                                         livestock and crop farmers. As such,
“Specifically, they listed 30 head of    they held the fruits of that activity as
sows, 75 feeder pigs, and 2 boars as the business inventory, in the nature of
livestock that they owned as of the      capital assets, and lien avoidance under
commencement of this case.” Id. at 940 § 522(f)(2) cannot divest the elder
fn 1                                     Flitters' liens against them.” Id. at 942.
“Ms. Eisan was Fifty-Two (52) years of
age at the time of the hearing”. Id. at
849.
ly UnSopoh, but judge lang is sympathetic and "we will take care of you"
assed at work = UnSoph?; or is it that she's so stupid as to fall for harrassement? That's pretty unSoph --- criteria: would Meili take this cas
eria: would Meili take this case?

								
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