Case Study

Darin is experiencing personal financial problems. The amount of income he receives from his corporation is barely sufficient to cover his living expenses, the payments due on his mortgage, various credit-card debts, and some loans that he took out to pay for his son’s college tuition. He would like to file for Chapter 7 liquidation just to be rid of the debts entirely, but he knows that he could probably pay them off over a four-year period if he really budgeted and used every cent available to pay his creditors. Darin decides to file for bankruptcy relief under Chapter 7. Are all of Darin’s debts dischargeable under Chapter 7, including the debts incurred for his son’s education? Given the fact that Darin could foreseeably pay off his debts over a four-year period, will the court allow Darin to obtain relief under Chapter 7? Why or why not?