Mr. John Manville owed Mr. Paul Glennon $10,000. John transferred his car worth $10,000. to satisfy the
Question:
Mr. John Manville owed Mr. Paul Glennon $10,000. John transferred his car worth $10,000. to satisfy the debt. Two months later John filed bankruptcy as an individual under Chapter 7. His total non-exempt assets were about $20,000. and he owed debts of $90,000. John's trustee in bankruptcy demanded that Paul surrender the car. He refused saying he acted in good faith and that the car's value did not exceed the amount that he owed to Paul.
a. Can Paul keep the car? Explain.
b. John's brother, James, also files bankruptcy. Among James' assets are the following: His residence valued at $500,000.00 with a mortgage of $490,000.00; a car with a value of $20,000.00 and a loan of $16,000.00 against it; a boat with a value of $30,000.00 with a loan of $5,000.00 against it. How will the Bankruptcy Court and Trustee deal with these assets? Explain your answer.
The Legal Environment of Business
ISBN: 978-0538473996
11th Edition
Authors: Roger E Meiners, Al H. Ringleb, Frances L. Edwards