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Justin, a consultant with a salary of $9,000 a month from his corporation, comes to see you about filing a bankruptcy to reorganize his tax debt. He has over $100,000 in a 401(k) and $50,000 equity in his house. Justin owns all of the stock in his business, and that stock has been valued at $95,000. The value of all his other personal assets is $18,000. The IRS has filed a personal tax lien for $100,000. In addition, the IRS has a priority tax claim of $17,000. Justin has a $575,000 unsecured bank loan and he owes $12,500 to his divorce attorney. Both of these debts are dischargeable. Justin’s average monthly expenses include $2,500 in child support and $1,000 to his unemployed former spouse on a divorce decree involving a maintenance judgment of $65,000. His other ordinary and necessary living expenses average $5,000 a month. Justin is certain that his former spouse will object to the dischargeability of the maintenance judgment. Briefly discuss the options Justin may have under Chapters 7, 11 and 13 of the Bankruptcy Code and the advantages and disadvantages of each option.
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