- 11 U.S.C.
In re Heinze
Jan
01
2011
Ruling
Case ordered converted or dismissed for abuse due to understatement of disposable income.
Procedural posture
Bankruptcy debtors asserted that they had insufficient disposable income to repay creditors, but the bankruptcy trustee contended that the debtors claimed unwarranted dependents, and excessive cell phone expenses and tax liability, in calculating their disposable monthly income. The trustee moved to dismiss the debtors' case based on the presumption of abuse of chapter 7 bankruptcy under 11 U.S.C.S. § 707(b)(2).
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Court
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