§ 707(b)(2)

In re Haman

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).
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.
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In re Hoerlein

The United States Trustee ("UST") filed a motion to dismiss the debtors'bankruptcy case, pursuant to 11 U.S.C. § 707(b)(2), as an abuse of the provisions of chapter 7.
Ruling: 
Debtors could claim expense allowance for payments on secured debt, even though no payments were to be made, where they intended to surrender the collateral.
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In re Kogler

Before the court was the U.S. Trustee's motion to dismiss debtors'chapter 7 case.
Ruling: 
Mortgage and car loan payments were appropriate Form B22A deductions regardless of intent to surrender.
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In re Gaylon

The United States Trustee ("UST") filed a motion, pursuant to 11 U.S.C. § 707(b)(1), (2), to dismiss a debtor's chapter 7 bankruptcy case based on the presumption of abuse.
Ruling: 
Deduction for payments due on home mortgage allowed regardless of intent to surrender residence.
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In re Templeton

The U.S. Trustee ("UST") moved to dismiss debtors'chapter 7 petition on grounds that they failed to rebut the presumption of abuse arising under 11 U.S.C. § 707(b)(2) by demonstrating "special circumstances."
Ruling: 
Amount of debtors'nondischargeable student loan debt established "special circumstances" rebutting presumption of abuse.
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In re Ferando

The United States Trustee ("UST") moved to dismiss the debtor's chapter 7 case pursuant to 11 U.S.C. § 707(b)(2) on the grounds that the filing constituted a substantial abuse of the provisions of chapter 7.
Ruling: 
Fluctuating income from commissions did not create "special circumstances" sufficient to rebust presumption of abuse.
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Stapleton v. Mundy (In re Mundy)

Movant U.S. Trustee ("UST") sought to dismiss the bankruptcy petition of respondent debtor pursuant to 11 U.S.C. § 707(b)(2).
Ruling: 
Debts scheduled to become due may be deducted as expenses on Form B22A regardless of debtor's intent regarding payment or retention of collateral.
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In re Carlton

Trustee objected to confirmation of chapter 13 debtors'plan pursuant to 11 U.S.C. § 1325(b)(1)(B).
Ruling: 
Debtors' deductions for payments of secured debt on three motor vehicles allowed over trustee's objection.
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In re Crews

Two cases were before the court on the chapter 13 trustee's objections to confirmation of the debtors'chapter 13 plans.
Ruling: 
Above-median debtors could take transportation ownership expense even for non-liened vehicles in calculating means test.
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In re Sawdy

Chapter 13 trustee objected to debtors'chapter 13 plan on the grounds that it did not devote all of debtors'projected disposable income to the plan as required by 11 U.S.C. § 1325(a)(3) and (b)(1)(B).
Ruling: 
Above-median debtors were entitled to flat vehicle ownership deduction regardless of whether or not subject to lien or lease agreement.
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