Skip to main content

§ 707(b)(2)

Garcia, In re

Ruling
Trustee's objections to confirmation of the above-median debtor's Chapter 13 plan weresustained due to debtor’s improper deductions. (Bankr. S.D. Fla.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial

ABI Membership is required to access the full summary of Garcia, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on November 27, 2023 , LexisNexis #0124-087

Sperry, In re

Ruling
Debtor's Chapter 7 case was to be dismissed within 10 days unless reconverted to a Chapter 13with consent of the debtor. (Bankr. D. Conn.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial

ABI Membership is required to access the full summary of Sperry, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on November 06, 2023 , LexisNexis #0124-015

Bartlett, In re

Ruling
Debtor's petition for Chapter 7 relief was presumed abusive as debtor could make substantialChapter 13 plan payments without undue hardship. (Bankr. D.N.M.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse;

ABI Membership is required to access the full summary of Bartlett, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

:
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on January 20, 2023 , LexisNexis #0323-067

Cook, In re

Ruling
Debtors could deduct their contractual mortgage payments from their monthly income todetermine their projected disposable income. (Bankr. E.D.N.C.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial

ABI Membership is required to access the full summary of Cook, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on January 04, 2022 , LexisNexis #0222-090

Clarkson, In re

Ruling
Debtors' case was subject to dismissal due to the presumption of abuse. (Bankr. M.D. Fla.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse;

ABI Membership is required to access the full summary of Clarkson, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 31, 2021 , LexisNexis #0521-042

Clarkson, In re

Ruling
Debtors' case was subject to dismissal due to the presumption of abuse. (Bankr. M.D. Fla.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse;

ABI Membership is required to access the full summary of Clarkson, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 31, 2021 , LexisNexis #0521-042

Jundt, In re

Ruling
Court dismissed the case where there was a stipulation that debtors' disposable monthlyincome exceeded the statutory threshold and the debts were primarily consumer in nature.(Bankr. D. Minn.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse;

ABI Membership is required to access the full summary of Jundt, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on January 15, 2021 , LexisNexis #0221-065

Koopmans, In re

Ruling
Debtor was not permitted to claim a housing adjustment as a special circumstance as thedebtor did not give a credible explanation as to why her only reasonable rental option was onethat cost more than what was allotted under the IRS's guidelines. (Bankr. M.D. Fla.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial

ABI Membership is required to access the full summary of Koopmans, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on November 09, 2020 , LexisNexis #1220-093

Hanks, In re

Ruling
Motion to dismiss granted where student loan expenses were not "special circumstances" anddid not overcome the presumption of abuse under 11 U.S.C. § 707(b)(2). (Bankr. W.D. La.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse;

ABI Membership is required to access the full summary of Hanks, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 20, 2020 , LexisNexis #0920-016

Henry, In re

Ruling
Proposed automobile payments approved over trustee’s objection where debtor had compliedwith requirements for computing his disposable income. (Bankr. D. Kan.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial

ABI Membership is required to access the full summary of Henry, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on June 05, 2020 , LexisNexis #0720-067