Steps For both Discussions:

Please remember as we discussed in the zoom session, you are debating  the DEBATE THIS  prompt. You are going to write an introductory  paragraph stating your position with 3 supporting paragraphs and then a  conclusion. Feel free to incorporate the fact pattern I gave you as an  example to help prove your point. But you do not necessarily have to  answer the questions posed. I want to see reasoned analysis and critical  thinking. There is no right or wrong answer.  Feel free to use the  internet for all supporting resources, cases, journal, articles, etc…  Make sure that you cite your sources.
 

1.        Debate This: Security Interests 

Paul  Barton owned a small property-management company, doing business as  Brighton Homes. In October, Barton went on a spending spree. First, he  bought a Bose surround-sound system for his home from KDM Electronics.  The next day, he purchased a Wilderness Systems kayak from Outdoor  Outfitters, and the day after that he bought a new Toyota 4-Runner  financed through Bridgeport Auto. Two weeks later, Barton purchased six  new iMac computers for his office, also from KDM Electronics. Barton  bought all of these items under installment sales contracts. Six months  later, Barton’s property-management business was failing. He could not  make the payments due on any of these purchases and thus defaulted on  the loans. Using the information presented in the chapter, answer the  following questions. 

1. For which of Barton’s purchases (the  surround-sound system, the kayak, the 4-Runner, and the six iMacs) would  the creditor need to file a financing statement to perfect its security  interest?
2. Suppose that Barton’s contract for the office  computers mentioned only the name, Brighton Homes. What would be the  consequences if KDM Electronics filed a financing statement that listed  only Brighton Homes as the debtor’s name?
3. Which of these purchases would qualify as a PMSI in consumer goods?
4. Suppose  that after KDM Electronics repossesses the surround-sound system, it  decides to keep the system rather than sell it. Can KDM do this under  Article 9? Why or why not?

Debate This: 
A financing  statement that does not have the debtor’s exact name should still be  effective because creditors should always be protected when debtors  default

2.    Debate This: Personal Bankruptcy

Three  months ago, Janet Hart’s husband of twenty years died of cancer.  Although he had medical insurance, he left Janet with outstanding  medical bills of more than $50,000. Janet has worked at the local  library for the past ten years, earning $1,500 per month. Since her  husband’s death, Janet also has received $1,500 in Social Security  benefits and $1,100 in life insurance proceeds every month, giving her a  monthly income of $4,100. After she pays the mortgage payment of $1,500  and the amounts due on other debts each month, Janet barely has enough  left over to buy groceries for her family (she has two teenage daughters  at home). She decides to file for Chapter 7 bankruptcy, hoping for a  fresh start. Using the information provided in the chapter, answer the  following questions. 

1. Under the Bankruptcy Code after the reform act, what must Janet do before filing a petition for relief under Chapter 7?
2. How  much time does Janet have after filing the bankruptcy petition to  submit the required sched-ules? What happens if Janet does not meet the  deadline?
3. Assume  that Janet files a petition under Chapter 7. Further assume that the  median family income in the state in which Janet lives is $49,300. What  steps would a court take to determine whether Janet’s petition is  presumed to be substantial abuse under the means test?
4. Suppose  the court determines that no presumption of substantial abuse applies  in Janet’s case. Nevertheless, the court finds that Janet does have the  ability to pay at least a portion of the medical bills out of her  disposable income. What would the court likely order in that situation?

Debate This:
Rather  than being allowed to file Chapter 7 bankruptcy petitions, individuals  and couples should always be forced to make an effort to pay off their  debts through Chapter 13.