- 11 U.S.C.
In re Rieck
Apr
16
2010
Ruling
Hypothetical chapter 13 administrative expense and expenses of four vehicles did not create special circumstances that would rebut presumption of abuse.
Procedural posture
Calculation of bankruptcy debtors' income and expenses indicated sufficient disposable income to raise the presumption of abuse of chapter 7 bankruptcy by the debtors under 11 U.S.C.S. § 707(b)(2). The U.S. Trustee moved to dismiss the debtors' bankruptcy case, but the debtors asserted that special circumstances existed to rebut the presumption of abuse.
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Court
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