- 11 U.S.C.
In re Johns
May
26
2006
Ruling
Case was dismissed since potential zero distribution in hypothetical conversion to chapter 13 case did not rebut presumption of abuse of chapter 7.
Procedural posture
A means test calculation submitted by bankruptcy debtors indicated that the debtors'monthly disposable income exceeded a statutory amount and thus created a presumption of bankruptcy abuse under 11 U.S.C. § 707(b)(2)(A)(i). The trustee moved to dismiss the debtors'petition based on the presumption of abuse.
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Court
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