Nature of the Case
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Facts
Ps filed Chapter 7 on November 6, 2008. They have $336,752 in secured debt, $2,220 in unsecured priority debt, and $61,817 in unsecured non-priority debt. Their obligations are primarily consumer debts. Over half of their secured debt, or $177,782, is from a loan used to purchase a 42-foot Silverton yacht, purchased by the Debtors in September 2007. Another $11,000 is from the purchase in August 2008 of a 2006 15-foot Sea-Doo Sportsliner boat, and $30,000 is from the purchase of a 2008 MKZ Lincoln SUV in June 2008. The Lincoln SUV is not Ps’ only car, as they also have a 2003 Ford F150 and a 1998 Mercury Mystique. Ps have no dependents. The Debtors do not need the boats for work. Mrs. Deutscher is a home health advisor and Mr. Deutscher owns a painting business. Ps plan to reaffirm their debts on all of their secured vehicles, including the Lincoln SUV and the two boats. The monthly payments are $614 for the Lincoln, $1,503 for the Silverton yacht, and $169 for the Sea-Doo, or $2,286 in total for the Lincoln and the two boats. Mrs. Deutscher earns $3,690 per month from her job, and Mr. Deutscher currently earns $1,597 in monthly unemployment compensation. Ps jointly earned $68,416 in 2007. Ps listed their total monthly expenditures as $5,069.42, meaning that nearly half of their expenditures are attributable to the two boats and the Lincoln SUV. D brought a motion to dismiss.
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