Author Question: Bronson Paralegal is writing a motion that will be filed with the state court. He has located a case ... (Read 152 times)

plus1 · **on:** Aug 2, 2018

Bronson Paralegal is writing a motion that will be filed with the state court. He has located a case that holds exactly the opposite of the point he is trying to make. In order to rectify what Bronson sees as a losing motion, Bronson simply quotes from the case's ruling and inserts the word not at the appropriate place. Now the quote stands for the proposition that Bronson needs. Unless the judge reads very carefully, he will never notice this small insertion, thinks Bronson. Just to be sure his supervising attorney doesn't get into trouble, though, Bronson tells the attorney what the case really says. Which of the following is likely to happen next?

A) Bronson may be told to fix the sentence back to an accurate quote, even if it means losing the motion.
B) Bronson may be fired for attempting to mislead the court but, at the very least, he will be in alot of trouble.
C) Bronson may be demoted from doing legal research to organizing documents.
D) Bronson will be told to fix the sentence back to an accurate quote, he may be demoted or he may be fired for attempting to mislead the court

Question 2

Your bankruptcy client, Ben Esway, has failed to pay court-ordered child support of 450.00 per month to his wife, English Stich, for a period of 12 months. Esway just filed for bankruptcy under Chapter 7 and has called the office to find out whether his former wife can garnish his wages. She keeps threatening him every time they exchange the children during visitation, but this time he thinks she will follow through. He can barely make ends meet as it is now. Does any exception to the Automatic Stay apply in Mr. Esway's case? Explain your answer and reasoning below.

What will be an ideal response?

johnharpe · **Reply #1 on:** Aug 2, 2018

Answer to Question 1

D

Answer to Question 2

Child and spousal support are often collected through wage garnishment and seizure of tax refunds. When the debtor has filed for bankruptcy under Chapter 7 liquidation, collection of child and spousal support is not affected by the Automatic Stay; however, these sums may be subjected to a reorganization under Chapter 13.