Question

Doug Boyce works as a claims adjuster for GEICO. He makes $57,000 a year as a base salary plus several thousand more as part of a discretionary annual profit sharing agreement. In 2008 he earned $67,961 from GEICO. GEICO also provides Boyce with a vehicle for his work and personal use. In 2007, Boyce took out a $16,000 loan from his 401(k) to purchase a house. He lives in the home and rents out some of the rooms for an additional rental income of approximately $5,800 a year. In October of 2007, Boyce finalized his divorce and assumed responsibility for $34,000 in student loans and $16,000 in credit card debt. By October of 2008 Boyce had added an additional $17,000 to his credit card debt. In March of 2008, Boyce purchased a Ford F350 with a $2,000 down payment and a monthly payment of $186. Boyce filed for bankruptcy protection under Chapter 7 on October 28, 2008. After filing for bankruptcy Boyce surrendered his Ford F350 and borrowed $14,750 from his 401(k) to purchase a Dodge Ram truck. He later sold the truck and purchased a Chevrolet truck and borrowed another $6,000 from his 401(k) to purchase a recreational camper. At the time of filing Boyce did not disclose the money he earned from the profit sharing agreement or his rental income and his reported monthly income was short by $109. In addition, Boyce did not include the $34,000 student loan debt on his schedules. The United States Trustee commenced a contested proceeding against Boyce seeking dismissal of the Chapter 7. Should the court dismiss Boyce's Chapter 7 bankruptcy filing or alternatively force him into Chapter 13?



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  • CreatedJuly 16, 2014
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