- 11 U.S.C.
In re Lavin
Jan
19
2010
Ruling
Abuse dismissal denied due to implications of debtor's serious illness.
Procedural posture
The United States trustee moved to dismiss the debtor's chapter 7 case under 11 U.S.C.S. § 707(b)(3)(B), asserting that the debtor had the ability to pay at least $ 668.19 per month to his creditors, which would result in a 100 percent dividend in less than 60 months, and that granting of a discharge would be an abuse of the provisions of chapter 7, under the totality of the circumstances test.
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Court
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