- 11 U.S.C.
In re Haman
Apr
20
2007
Ruling
Debtor's nondischargeable obligation as co-signor on student loan for son who was unable to pay was a special circumstance rebutting the presumption of abuse.
Procedural posture
The United States Trustee (trustee) moved to dismiss the chapter 7 case of debtor pursuant to 11 U.S.C. § 707(b)(2)(A) or alternatively, pursuant to 11 U.S.C. § 707(b)(3). Debtor opposed the motion to dismiss, conceding that the presumption of abuse has arose, but asserting that the statutory presumption has been rebutted by her demonstration of a special circumstance justifying an additional expense under 11 U.S.C. § 707(b)(2)(B).
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Court
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