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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