In re Heath
Jul
06
2007
Ruling
Debtor's loss of employment was a special circumstance rebutting the presumption of abuse.
Procedural posture
The United States trustee brought a motion to dismiss for abuse debtor's converted chapter 7 case, pursuant to 11 U.S.C. § 707(b)(2) and (b)(3). The issue was whether debtor's loss of her job constituted special circumstances that rebutted the statutorily defined presumption of abuse, and whether the totality of the circumstances demonstrated abuse.
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Court
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