In re Gandy
Jul
12
2013
Ruling
Creditor lacked standing to file for dismissal based on challenge to means test calculation.
Procedural posture
A creditor filed a motion to dismiss a chapter 7 debtor's case pursuant to 11 U.S.C.S. § 707(b). The court entered an order directing the creditor to show cause why the motion should not be denied because the debtor's statement of current monthly income and means test calculation established on its face that there was no presumption of abuse. In response to the order, the creditor filed a brief in response concerning its standing.
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Court
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