《楊清泉律師專欄》OWNING BOAT MAY COST CHAPTER 7 DISCHARGE(Part II)
楊清泉律師事務所
《楊清泉律師專欄》OWNING BOAT MAY COST CHAPTER 7 DISCHARGE(Part I)
But what if debtor actually lived in the boat and kept the boat as his residence? That would be a different story altogether. If that were the case, his boat payments would be treated as mortgage payment for his residence. Then the boat would not be considered solely for recreational use but for both residential and recreational use. If this were the case, there would be a rational economic purpose served by keeping the boat and the boat would not merely have a symbolic role in debtor’s emotional life because he would actually be living in it.
Section 707 dismissal for “cause” states that “After notice and a hearing, the court, on its own motion or on a motion by the United States trustee, trustee… or any party in interest, may dismiss a case filed by an individual debtor under this chapter whose debts are primarily consumer debts… if it finds that the granting of relief would be an abuse of the provisions of this chapter.” Apparently, the court found that giving a chapter 7 discharge to a debtor who was making payments and maintenance on a 40 foot boat purely for recreational purposes would be an abuse of bankruptcy law. Therefore, creditors’ motion to dismiss chapter 7 case is GRANTED.
Lawrence Bautista Yang is a graduate of Georgetown University Law Center and has been in law practice for thirty years. He specializes in bankruptcy, business and civil litigation and has handled more than five thousand successful bankruptcy cases in California. He speaks Mandarin and Fujien and looks forward to discussing your case with you personally. Please call (626) 284-1142 for an appointment at 1000 S Fremont Ave Bldg A-1 Suite 1125 Unit 58 Alhambra, CA 91803.
But what if debtor actually lived in the boat and kept the boat as his residence? That would be a different story altogether. If that were the case, his boat payments would be treated as mortgage payment for his residence. Then the boat would not be considered solely for recreational use but for both residential and recreational use. If this were the case, there would be a rational economic purpose served by keeping the boat and the boat would not merely have a symbolic role in debtor’s emotional life because he would actually be living in it.
Section 707 dismissal for “cause” states that “After notice and a hearing, the court, on its own motion or on a motion by the United States trustee, trustee… or any party in interest, may dismiss a case filed by an individual debtor under this chapter whose debts are primarily consumer debts… if it finds that the granting of relief would be an abuse of the provisions of this chapter.” Apparently, the court found that giving a chapter 7 discharge to a debtor who was making payments and maintenance on a 40 foot boat purely for recreational purposes would be an abuse of bankruptcy law. Therefore, creditors’ motion to dismiss chapter 7 case is GRANTED.
Lawrence Bautista Yang is a graduate of Georgetown University Law Center and has been in law practice for thirty years. He specializes in bankruptcy, business and civil litigation and has handled more than five thousand successful bankruptcy cases in California. He speaks Mandarin and Fujien and looks forward to discussing your case with you personally. Please call (626) 284-1142 for an appointment at 1000 S Fremont Ave Bldg A-1 Suite 1125 Unit 58 Alhambra, CA 91803.
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