§ 707(b)(2)

In re Weinart

The United States Trustee (UST) filed a motion to dismiss the debtor's chapter 7 bankruptcy case claiming that the presumption of abuse arose pursuant to 11 U.S.C.S. § 707(b).
Ruling: 
Case dismissed due to presumption of abuse where personal savings plan loan repayment was not a proper expense deduction.
ABI Membership is required to access the full summary of In re Weinart. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on April 11,2013, LexisNexis #0513-089

In re Sturm

On remand from the United States District Court for the Northern District of Ohio, the court reconsidered two matters pertaining to its prior decision in which, on a motion brought by the United States Trustee (UST), it was determined that, under the "means test" calculation of 11 U.S.C.S. § 707(b)(2), a presumption of abuse arose.
Ruling: 
On remand, case dismissed for presumption of abuse due to improper deduction for expenses of mortgage solely in name of non-debtor spouse.
ABI Membership is required to access the full summary of In re Sturm. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 21,2012, LexisNexis #1012-134

In re Moose

This matter came before the court for a hearing on debtors' motion to strike presumption of abuse.
Ruling: 
Civil Service Retirement System pension could not be deducted as "special circumstance and was required to be included in current monthly income calculation.
ABI Membership is required to access the full summary of In re Moose. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on March 20,2012, LexisNexis #0412-057

In re Williams

Movant, the trustee, asked the court to dismiss debtor's chapter 7 case on claims that it constituted an abuse of chapter 7 and was properly dismissed under either the so-called "means test" per 11 U.S.C.S. § 707(b)(2) or under the "totality of the circumstances" test in § 707(b)(3). Movant also argued that the case was filed in bad faith.
Ruling: 
Case dismissed as filed in bad faith where debtor purchased house on petition date.
ABI Membership is required to access the full summary of In re Williams. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on March 19,2012, LexisNexis #0412-056

In re Wedblad

The United States Trustee filed a motion to dismiss chapter 7 debtors' case pursuant to 11 U.S.C.S. § 707(b).
Ruling: 
Case dismissed for abuse pursuant to means test using IRS standards pursuant to §707(b)(2)(A), which did not unconstitutionally delegate legislative power to IRS.
ABI Membership is required to access the full summary of In re Wedblad. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on January 25,2012, LexisNexis #0212-093

In re Campbell

The United States Trustee filed motion to dismiss chapter 7 debtor's case for abuse under 11 U.S.C.S. § 707(b). The debtor argued that he had rebutted any presumption of abuse by demonstrating "special circumstances" as required by § 707(b)(2)(B)(i).
Ruling: 
Case ordered converted or dismissed for abuse absent evidence of special circumstances.
ABI Membership is required to access the full summary of In re Campbell. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on January 19,2012, LexisNexis #0312-023

In re Love

A chapter 13 debtor sought a determination of whether any payment of fees to her counsel was improper or should be refunded and disgorged under 11 U.S.C.S. § 329(b) and Fed. R. Bankr. P. 2017(b).
Ruling: 
Fees ordered disgorged due to inadequate representation of debtor on active military duty.
ABI Membership is required to access the full summary of In re Love. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on December 23,2011, LexisNexis #0212-059

In re Sturm

After the court granted a motion to dismiss a chapter 7 case under 11 U.S.C.S. § 707(b), the debtor appealed. The appellate judge remanded for the court determine whether to debtor was entitled to make a marital adjustment against her current monthly income under 11 U.S.C.S. § 101(10A)(B). The debtor was directed to supply the court with detailed written information regarding the sources of her husband's credit card obligations.
Ruling: 
Debtor ordered to file complete accounting to determine entitlement to marital adjustment against current monthly income.
ABI Membership is required to access the full summary of In re Sturm. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on November 02,2011, LexisNexis #1211-056

In re Narvais

Debtor filed a petition under Chapter 13 of the Bankruptcy Code and proposed a First Amended Chapter 13 Plan for repaying his debts. The Chapter 13 trustee filed an objection to confirmation of the debtor's plan.
Ruling: 
Confirmation denied due to proposed retention of and deduction for payments on whole life insurance policy.
ABI Membership is required to access the full summary of In re Narvais. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on October 21,2011, LexisNexis #1111-125

In re McHenry

Debtors filed a petition under chapter 13 of the Bankruptcy Code and proposed a plan for repaying their creditors. A bank filed an objection to the debtors' plan, claiming that the plan required the debtors to pay only $4,400 in prepetition arrearages when the debtors owed $6,624 in prepetition arrearages. The Chapter 13 trustee also filed an objection to the debtors' plan.
Ruling: 
Chapter 13 debtor's payments to secured creditor are authorized under §107(b)(2)(A)(i) and not limited by IRS guidelines.
ABI Membership is required to access the full summary of In re McHenry. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 30,2011, LexisNexis #1111-056

Pages

Subscribe to § 707(b)(2)