Question

Bob lived in his sister's guest house for $200 per month. His other monthly expenses were $800. His monthly income was $1,750. During a two-week period, he charged $10,000 on credit cards. Bob filed a Chapter 7 petition in a federal bankruptcy court. Based on the decision in Case 30.1, In re Lamanna, in deciding whether to accept the Chapter 7 petition or force a Chapter 13 repayment plan, the court in this case would most likely rule in favor of
a. Chapter 7, if Bob could prove that he was forced to move to his own apartment, which would leave him with no disposable income.
b. Chapter 13, because individuals cannot file under Chapter 7.
c. Chapter 7, if Bob's income and living situation were going to remain the same.
d. Chapter 13, if Bob did not have any disposable income.

Answer

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