Paper , Order, or Assignment Requirements
Analyze the facts in the scenarios and develop appropriate arguments and recommendations using case law and scholarly sources. Do not copy the case studies into the paper. Cite your sources in APA format on a separate page.
Katrina, a risk manager for State Farm Insurance, filed a petition in bankruptcy under Chapter 7, seeking to discharge $55,000 in credit-card debts and $35,000 in student loans. Katrina’s husband died and left her with two children, Paula, who attended college, and Dean, who was fifteen years old. According to Katrina, Dean was an “elite” runner who practiced ten to fifteen hours a week and placed first or second at more than forty competitive events. Dean was homeschooled with academic achievements that were average for his grade level. Katrina’s petition showed monthly income of $5,400 and expenses of $5,100. The expenses included annual homeschool costs of $6,200 and annual running expenses of $7,500. The expenses did not include college costs for Paula, or airfare for her upcoming summer trip to Italy, and other items. The trustee allowed monthly expenses of $4,400, with nothing allocated for running expense and asked the court to dismiss the petition.
•If Katrina qualified for Chapter 7, which debts would be discharged? Which debts would not be discharged? Why?
•Using the median income from your state, does Katrina qualify for Chapter 7? Remember to count the number of people in the household.
•Should the court grant the trustee’s request? Does Katrina have other options if the Chapter 7 petition is dismissed?
•Explain your answers and support them with relevant scholarly sources.
Juanita owns a home in Birmingham, Alabama. Her elderly grandmother lives in the house so Juanita can help take care of her. Juanita decides to purchase a fire insurance policy from Allstate to cover the house and a life insurance policy from Liberty Mutual to cover funeral and other expenses that will be incurred when her grandmother dies. Six months later, Juanita sells the house to Ben. Juanita and her grandmother move into a rental home. One month prior to the expiration of the fire insurance, Juanita’s old house burns to the ground. Shortly after, her grandmother dies. The insurance companies state that they are not liable because Juanita did not have an insurable interest in the home or her grandmother. The premiums were returned to Juanita.
• Discuss the claims for all parties (Juanita, Allstate and Liberty)