§ 707(b)(2)

In re Mittelstaedt

Ruling: 
Decrease in income when debtor quit job and spouse retired was not a "special circumstance" that would prevent dismissal for abuse.
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Consumer case opionion summary, case decided on February 28,2014, LexisNexis #0314-127

In re Johnson

Ruling: 
Case ordered converted or dismissed due to debtor's eligibility for chapter 13 after disallowance of car payment.
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Consumer case opionion summary, case decided on December 12,2013, LexisNexis #0214-100

In re Kowal

Ruling: 
Case ordered converted or dismissed where elimination of improper deductions raised presumption of abuse.
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Consumer case opionion summary, case decided on September 27,2013, LexisNexis #1013-126

In re Byers

Ruling: 
Debtor could not take deduction for mortgage payment on property intended for surrender.
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Consumer case opionion summary, case decided on September 24,2013, LexisNexis #1013-057

In re McGhee

Ruling: 
Ransom reasoning applied to prohibit mortgage/rent deduction where debtor did not own the subject property or make mortgage payments.
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Consumer case opionion summary, case decided on September 18,2013, LexisNexis #1013-023

In re Bradley

Ruling: 
Student loan debt could constitute "special circumstances" to rebut presumption of abuse.
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Consumer case opionion summary, case decided on August 30,2013, LexisNexis #0913-125

DeAngelis v. Holmes (In re Holmes)

Ruling: 
Case ordered converted or dismissed based on totality of circumstances including excessive and unreasonable budget.
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Consumer case opionion summary, case decided on August 21,2013, LexisNexis #0913-057

In re Lorenzo

Chapter 13 debtors filed a proposed third modified plan, seeking to reduce the payment to their unsecured creditors by $52,372.72 (from $141,972.32 to $89,599.60). The chapter 13 trustee objected to the modification as not in compliance with the Bankruptcy Code.
Ruling: 
Plan could not be modified to include newly listed expenses.
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Consumer case opionion summary, case decided on May 09,2013, LexisNexis #0613-062

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