In re Edwards

207 B.R. 728 (1997)

From our private database of 45,900+ case briefs, written and edited by humans—never with AI.

In re Edwards

United States Bankruptcy Court for the Northern District of Florida
207 B.R. 728 (1997)

  • Written by Jody Stuart, JD

Facts

Thomas Edwards (debtor) filed for Chapter 13 bankruptcy. At the time of the filing, Edwards obtained his income through his ownership of a film business. His Chapter 13 plan was confirmed in June 1993. In October 1995, Edwards could no longer make payments under the plan. On February 7, 1996, the bankruptcy trustee filed a notice of default and requested a dismissal of the case. The next day, Edwards filed a motion for an extension of time to complete the payments under his plan. At the time of the motion, Edwards had made 30 payments and had six payments remaining. The basis for the motion was that Edwards’s business had recently failed and he was seeking employment that would enable him to make the remaining payments. On October 11, Edwards requested an additional extension of time to begin making the deferred payments because the employment he had obtained did not provide enough income for him to resume making the plan payments. On December 20, Edwards filed a motion for hardship discharge due to his inability to make any more payments under the plan. Edwards testified that his film business deteriorated after confirmation of his Chapter 13 plan due to increased market competition; after his business failed, Edwards had depression requiring medication, and his marriage ended; he searched extensively for employment but was unable to secure a job with sufficient income to make his plan payments; and the position he eventually obtained as a salesman left him with no disposable income for making any plan payments. The bankruptcy trustee objected to the discharge on the grounds that Edwards did not meet the requirements for such a discharge.

Rule of Law

Issue

Holding and Reasoning (Killian, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 736,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 736,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 45,900 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 736,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 45,900 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership