- 11 U.S.C.
In re Brandenburg
May
15
2007
Ruling
Presumption of abuse arose after adjustment of disposable income calculation to eliminate improper deduction.
Procedural posture
The debtor filed for relief under chapter 7. The U.S. Trustee filed a motion to dismiss the debtor's case for abuse, based on the presumption of abuse arising under 11 U.S.C. § 707(b)(2) or alternatively under the totality of the circumstances under 11 U.S.C. § 707(b)(3).
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Court
:
- 11 U.S.C.
In re Skvorecz
May
08
2007
Ruling
Lack of deduction for 401(k) contributions or 401(k) loan repayment in form B22A did not require dismissal on presumption of abuse.
Procedural posture
The United States Trustee filed a motion to dismiss debtor's chapter 7 case under 11 U.S.C. § 707(b)(1) and (2), asserting that the calculations in debtor's bankruptcy form B22A (statement of current monthly income and means test calculation for use in chapter 7 only), raised the presumption of abuse stated in 11 U.S.C. § 707(b)(2), that the debtor had not rebutted that presumption by showing any special circumstances.
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Court
:
- 11 U.S.C.
In re Delbecq
Apr
26
2007
Ruling
Debtor's student loan payments constituted "special circumstances" rebutting presumption of abuse.
Procedural posture
Debtor represented on the face of Official Form B22A that the "presumption of abuse" had arisen in her case because, according to the means test, she had disposable income of approximately $306 per month. Based on that representation, the U.S. Trustee filed a Motion to Dismiss pursuant to 11 U.S.C. § 707(b).
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Court
:
- 11 U.S.C.
In re Chamberlain
Apr
26
2007
Ruling
Debtor entitled to standard IRS ownership expense deduction for motor vehicle owned free and clear.
Procedural posture
After debtor filed a chapter 13 plan, the trustee objected thereto on the ground that the plan did not devote all of debtor's projected disposable income to payments to unsecured creditors as required by 11 U.S.C. § 1325(b)(1)(A). At issue was the propriety of certain calculations affecting debtor's monthly vehicle expenses and the impact on that issue of the "means test" in 11 U.S.C. § 707(b)(2)(A)(ii)(I).
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Court
:
- 11 U.S.C.
In re Haman
Apr
20
2007
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.
Procedural posture
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).
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Court
:
- 11 U.S.C.
In re Hoerlein
Apr
03
2007
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.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re Kogler
Mar
30
2007
Ruling
Mortgage and car loan payments were appropriate Form B22A deductions regardless of intent to surrender.
Procedural posture
Before the court was the U.S. Trustee's motion to dismiss debtors'chapter 7 case.
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Court
:
- 11 U.S.C.
In re Gaylon
Mar
22
2007
Ruling
Deduction for payments due on home mortgage allowed regardless of intent to surrender residence.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re Templeton
Mar
08
2007
Ruling
Amount of debtors'nondischargeable student loan debt established "special circumstances" rebutting presumption of abuse.
Procedural posture
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."
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Court
:
- 11 U.S.C.
In re Ferando
Mar
01
2007
Ruling
Fluctuating income from commissions did not create "special circumstances" sufficient to rebust presumption of abuse.
Procedural posture
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.
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Court
: