In late 2017, Patrick, who is single and has no children or other dependents, was laid off from his job at a construction company. In 2018, Patrick tried to make ends meet as a driver for Uber/Lyft. However, by early 2019, Patrick has fallen far behind on his bills. Patrick consults an attorney and decides to file for bankruptcy. Patrick’s annual income is $30,000. The median income for a single person in Vermont, where Patrick lives, is slightly over $33,000. Patrick has debts of $100,000. More specifically, Patrick owes $55,000 in credit card debt, $25,000 in student loan debt, $15,000 for a personal bank loan, and $5,000 in back taxes. Patrick owns a house worth $80,000, a car valued at $1,500, a baseball card collection worth $20,000, and clothing worth $500.

A. Under what chapter of the bankruptcy code should Patrick file? Why?

B. What test or tests will Patrick need to pass in order to do so? Do you think he will be able to pass the test(s)?

C. Please analyze how each of Patrick’s debts will or will not be impacted by the bankruptcy discharge (in other words which debts will be paid off in part from his assets with the remaining balance forgiven and which will he still need to pay after coming out of bankruptcy?).

D. Will Patrick need to pay his credit card company some of the amount owed from his future earnings during the 3 to 5 years after bankruptcy? Why or Why not?

E. Which of Patrick’s assets listed in the above hypothetical will he be allowed to keep through bankruptcy? Which will be sold to help pay his creditors? If Patrick is allowed to keep some of his assets what is the legal rationale for allowing him to do so?

Answer rating: 100% (QA)

Patricks income is less than the Vermont median income for a single person The majority of his debts are unsecured making them eligible for discharge in a Chapter 7 bankruptcy Patrick will be able to ... View the full answer