- 11 U.S.C.
Koglman, In re
Feb
26
2020
Ruling
Dismissal of debtor's Chapter 7 case for abuse was warranted because debtor understated hercurrent monthly income. (Bankr. N.D. Ohio)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse;
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Court
:
- 11 U.S.C.
Dumas, In re
Sep
30
2019
Ruling
Attorney's fees fell within the meaning of "priority claims" and could be deducted as areasonably necessary expense when calculating debtor's PDI. (Bankr. N.D. Ga.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial
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Court
:
- 11 U.S.C.
Everhart, In re
Sep
17
2019
Ruling
Trustee's objection overruled where debtors' "special circumstances" deductions werereasonable and necessary. (Bankr. N.D. Tex.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse;
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Court
:
- 11 U.S.C.
Traylor, In re
Jan
10
2019
Ruling
Confirmation of chapter 13 plan was denied as debtors were not permitted to claim a vehicle ownership deduction on their means test for a high-interest non-purchase money title loan. (Bankr. D. Utah)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse; Presumption of Abuse; When Presumption Applies.
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Court
:
- 11 U.S.C.
Plichta, In re
Sep
05
2018
Ruling
Dismissal was not warranted as neither the means test nor the totality of the circumstancesgave rise to a presumption of abuse. (Bankr. N.D. Ill.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse; Presumption of Abuse.
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Court
:
- 11 U.S.C.
Groth, In re
Jul
25
2018
Ruling
Trustee's objection to confirmation sustained where debtor's homeowners' association dueswere not justified by special circumstances and her lack of a reasonable alternative to payingthose dues did not allow her to deduct them. (Bankr. E.D. Wis.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse; Presumption of Abuse; Rebuttal of Presumption.
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Court
:
- 11 U.S.C.
Maxton, In re
May
16
2018
Ruling
Court deferred granting motion to dismiss debtor's case for abuse after he failed to includemeal and travel allowances, a lump sum payout, and corporate profit share in his currentmonthly income. (Bankr. D. Mass.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse; Presumption of Abuse; When Presumption Applies.
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Court
:
- 11 U.S.C.
Palcher, In re
Jan
16
2018
Ruling
Debtor who lived with and shared living expenses with his mother was not required to declare in his disposable income the Social Security payments that his mother received. (Bankr. D.S.C.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse; Presumption of Abuse.
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Court
:
- 11 U.S.C.
Addison, In re
Jan
11
2018
Ruling
Trustee's motion to dismiss debtor's case was denied where debtor's means test calculationshowed that there was no presumption of abuse. (Bankr. E.D.N.Y.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse; Presumption of Abuse.
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Court
:
- 11 U.S.C.
Arndt, In re
Nov
06
2017
Ruling
Debtor allowed to include payments she made to creditors upon calculating her average monthly payments. (Bankr. N.D. Ohio)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse; Presumption of Abuse; When Presumption Applies.
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