In Re Shaw

311 B.R. 180 (2003)

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Nature of the Case

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Facts

Ps filed for Chapter 7 bankruptcy on May 27, 2003. They are a married couple in their early 50s with two grown children, ages 21 and 24. Ps had a house that was worth less than $400,000.00. They listed personal property in the amount of $56,265.00. Ps have been continuously employed for at least the past five years. In 2001 they had adjusted gross income of $ 138,554.00, with an increase in 2002 to $ 157,024.00. Mrs. Shaw listed a monthly income of $3,080.70 and Mr. Shaw listed income of $4,723.41 for a total combined monthly income, after taxes and other payroll deductions, in the amount of $7,804.11. Mrs. Shaw has lost her job, though she will receive severance pay at full salary until April 2004. She is also a licensed cosmetologist. She intends to seek new employment and will continue to receive severance pay at full salary even if she obtains new employment prior to April. Mr. Shaw recently received a raise, such that his income has increased to $5,126.08 per month after taxes. Their combined monthly income, after deductions for payroll taxes and health insurance, is currently $7,889.97. They claim monthly expenses of $7,517.59. Ps' total secured debt, including three car loans and two mortgages, is $469,074.50. Ps owe $ 131,476.26 in unsecured credit card debt. The Debtors had at least fifteen credit card accounts. Ps have consistently spent more money than they were able to earn. Ps contend that they need a fresh start in Chapter 7 so that they can retain their home and three vehicles. The court on its own motion moved to dismiss the case.