- 11 U.S.C.
In re Harter
Aug
19
2008
Ruling
Trips to Europe and "luxurious" automobile did not give rise to "extravagant lifestyle" that would require bad faith dismissal.
Procedural posture
The United States Trustee (UST) moved to dismiss the debtor's chapter 7 case pursuant to 11 U.S.C.S. § 707(b)(3) alleging bad faith and that the totality of the circumstances demonstrated abuse. The UST contended that the debtor showed an abusive spending pattern before the filing. Her "totality of the circumstances" argument was based primarily on her belief that the debtor could afford to pay his debts.
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Court
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