ase Study 1: Bankruptcy
Paul is employed as a welder for Baxter Medical and earns $45,000 a year. Paul�s car is in the shop
having a new transmission installed. Paul also has a small house on which he is paying the mortgage
payments. Paul also had credit card debt of $4,000 and owes $10,000 in student loans. Paul is
contemplating filing for bankruptcy, but he is not sure which type of petition to file. Paul also wants to
know whether the auto repair costs, mortgage payments, credit card debt and student loans are
dischargeable. Which bankruptcy filing is most appropriate for Paul? Are Paul�s debts dischargeable?
Provide specific support for your answer using the applicable bankruptcy law.
Scenario 3: Leases
Tina rented a home from Dale. Noticing that one side of the stair railing leading to the front porch was
loose, Tina hammered in a nail to secure it. When the rail became loose again, Tina contacted Dale to
repair it. Dale came out while Tina was at work and replaced the nail with a screw. Several days later,
Tina�s mother, Pearlie, came to visit. Her mother grasped the railing when climbing the stairs. The
railing came loose causing Pearlie to lose her balance and fall down the steps. Pearlie suffered a broken
hip and had to recover in a rehabilitation center. Pearlie sued Dale to recover her medical expenses,
damages for emotional distress and pain and suffering. What are the arguments for each party? Decide
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which party should win and provide support for your answers using the applicable law and/or text
material.
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Would like to have seen a stronger use of case law, examples, and statutory authority woven into the
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Bankruptcy and Leases Case Studies
Case Study 1: Bankruptcy
Bankruptcy proceedings can offer persons or businesses temporary or permanent relief
from debts. Individuals can adopt bankruptcy proceedings like liquidation that with exceptions
liquidates all debtors’ assets to pay debts. Those debts that are due or are partially paid are
discharged with some exception. A chapter 13 bankruptcy enables individuals with regular
income to develop plan to repay all or part of their debts (Twomey, Jennings & Greene, 2015).
A chapter 13 bankruptcy would be the most appropriate bankruptcy proceedings for Paul.
The chapter enables debtors to propose a settlement plan that will make repayments to creditors
over three to five years. Paul is eligible for chapter 13 reliefs because he receives a regular
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income, his unsecured debts like credit card debt are less than $383,175, and secured debts, such
as mortgage debt are less than $1,149,592. Moreover, chapter 13 bankruptcy will provide Paul an
opportunity to save his house from foreclosure and keep up mortgage payments. The plan will
allow Paul to reorganize secured debts with exception of mortgage debt and extend them over
the period of the proposed plan (United States Courts, 2015).
In chapter 13 bankruptcy, Paul will repay certain amount of his debts through repayment
plan, but the amount he will pay would depend on his debts, income, and expenses. Priority debts
should be paid in full, nevertheless, non-priority unsecured debts do have to be paid in full. The
remaining balance of Paul debts will be discharged after completion of the payment plan,
however some remaining non-priority, unsecured debts will not be discharged when Paul chapter
13 plan completes. The remaining non-priority unsecured debts of credit card and repair costs
will be discharged after completion of Paul chapter 13 plans. Mortgage and student loan debt
will not be discharged, however, in certain situations the interest on the student loan can be
discharged, but not the principal amount (FindLaw, 2016).
Scenario 3: Leases
The property owner is responsible for protecting the safety of the tenants by repairing the
rental properties tenants occupy. In certain situations, this responsibility extends to those who
visit the tenants. Premise liability that governs personal injury cases where the injury was caused
by faulty condition on someone property suggests that the property owner can only be liable if
tenant can demonstrate that some facts are true, such as failure of property owner to repair the
property (Nolo, 2016).
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Pearlie argues that Dale, the property owner is responsible for the injuries she sustained
after falling down the steps. Pearlie argues that it was Dale responsibility to maintain all common
areas like stair railing in a safe condition for the use of tenants and other people visiting the
property. Moreover, Dale did not take reasonable actions that would have prevented the injury
instead, he did improper repair on the stair railing. On the other hand, Dale argues that he did not
violate his duty of care because he came and fixed the stair railing after being notified by Tina.
Hence, he is not liable for Pearlie injuries (Nolo, 2016).
Pearlie should win the case because she can prove some facts that show Dale is liable for
her injuries. According to premise liability law, Pearlie has proved that Dale failed to do
appropriately repair to the stair railing and she suffered a broken hip after falling down the steps.
Therefore, Dale is liable for Pearlie injuries (Nolo, 2016).
References
FindLaw. (2016). Who Can File for Chapter 13 Bankruptcy.
Nolo. (2016). Tenant Injuries: Landlord Liability and Insurance.
Twomey, D., Jennings, M., & Greene, S. (2015). Anderson’s business law and the legal
environment: Comprehensive volume (23rd Ed). Canada: Cengage learning
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United States Courts. (2015). Chapter 13 – Bankruptcy Basics.
