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In re Delbecq

In re Delbecq

Ruling
Debtor's student loan payments constituted "special circumstances" rebutting presumption of abuse.
Procedural posture

Debtor represented on the face of Official Form B22A that the "presumption of abuse" had arisen in her case because, according to the means test, she had disposable income of approximately $306 per month. Based on that representation, the U.S. Trustee filed a Motion to Dismiss pursuant to 11 U.S.C. § 707(b).

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opinion summary, case decided on April 26, 2007 , LexisNexis #0607-048