§ 707(b)(2)

In re Thompson

The United States Trustee (UST) sought dismissal of debtors' chapter 7 case pursuant to 11 U.S.C.S. §§ 707(b)(1), 707(b)(2), and 707(b)(3).
Ruling: 
Case dismissed due to improperly listed loan payments and lack of special circumstances.
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Consumer case opionion summary, case decided on August 29,2011, LexisNexis #0911-093

In re Jacoby

Debtors declared chapter 7 bankruptcy and subsequently obtained the court's permission to convert their case to one under chapter 13 of the Bankruptcy Code. The debtors proposed a plan for repaying their creditors, and the United States Trustee ("UST") filed an objection to the debtors' First Modified Plan. The chapter 13 Trustee joined in that objection.
Ruling: 
Plan confirmation denied due to monthly payments on motorcycle that was not a necessary expense.
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Consumer case opionion summary, case decided on July 21,2011, LexisNexis #0811-099

DeHart v. Gregory (In re Gregory)

A Chapter 13 trustee objected to debtors' plan on the ground that insufficient funds were being dedicated to the plan.
Ruling: 
Confirmation denied due to failure to dedicate sufficient funds to chapter 13 plan.
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Consumer case opionion summary, case decided on July 13,2011, LexisNexis #0811-126

In re Hargis

The chapter 13 trustee objected to confirmation of debtors' plan. The Assistant U.S. Trustee argued at the hearing in support of the chapter 13 Trustee's position.
Ruling: 
Debtors were not entitled to additional operating expense deduction in current monthly income calculation for older or well-worn, unencumbered vehicles.
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Consumer case opionion summary, case decided on May 03,2011, LexisNexis #0611-026

In re Johnson

Chapter 13 debtor sought to pay her student loans in full while paying less than 100 percent to other unsecured creditors. The trustee objected to confirmation of the plan for failing to allocate all of her disposable income toward the repayment of unsecured creditors. Debtor sought to deduct $641 per month for her student loans as a special circumstance under 11 U.S.C.S. § 707(b)(2)(B), or under 11 U.S.C.S. § 1325(b)(1)(B).
Ruling: 
Student loans were not special circumstances but could be separately classified under chapter 13 plan without discriminating against unsecured creditors.
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Consumer case opionion summary, case decided on March 11,2011, LexisNexis #0411-061

In re Ross

Movant, a bankruptcy administrator, sought a dismissal under 11 U.S.C.S. § 707(b)(2) of a debtor's Chapter 7 case, contending that granting relief to the debtor would constitute an abuse of the provisions of Chapter 7.
Ruling: 
Case ordered converted or dismissed for abuse due to debtor's request for anticipated future additional housing costs, charitable contributions, vehicle and tuition costs
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Consumer case opionion summary, case decided on February 07,2011, LexisNexis #0211-124

In re Willems

A Chapter 13 trustee objected to confirmation of the debtors' plan on the grounds that an ownership deduction on a vehicle without a lien was impermissible under 11 U.S.C.S. § 707(b)(2)(A)(ii)(I). The sole issue for decision was whether a recent U.S. Supreme Court decision, Ransom, applied retroactively to unconfirmed plans filed prior to the decision.
Ruling: 
U.S. Supreme Court decision in Ransom, applied retroactively to bar vehicle ownership deduction on vehicles owned free and clear in unconfirmed plans filed prior to the decision.
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Consumer case opionion summary, case decided on February 03,2011, LexisNexis #0211-125

In re Lancaster

In this chapter 7 proceeding, the United States Trustee (UST) filed a Motion to Dismiss debtors' case for abuse under 11 U.S.C.S. § 707(b).
Ruling: 
Above-median debtors' case dismissed for abuse due to excessive disposable income.
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Consumer case opionion summary, case decided on February 03,2011, LexisNexis #0311-024

In re Heinze

Bankruptcy debtors asserted that they had insufficient disposable income to repay creditors, but the bankruptcy trustee contended that the debtors claimed unwarranted dependents, and excessive cell phone expenses and tax liability, in calculating their disposable monthly income. The trustee moved to dismiss the debtors' case based on the presumption of abuse of chapter 7 bankruptcy under 11 U.S.C.S. § 707(b)(2).
Ruling: 
Case ordered converted or dismissed for abuse due to understatement of disposable income.
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Consumer case opionion summary, case decided on January 01,2011, LexisNexis #0211-061

In re Rieck

Calculation of bankruptcy debtors' income and expenses indicated sufficient disposable income to raise the presumption of abuse of chapter 7 bankruptcy by the debtors under 11 U.S.C.S. § 707(b)(2). The U.S. Trustee moved to dismiss the debtors' bankruptcy case, but the debtors asserted that special circumstances existed to rebut the presumption of abuse.
Ruling: 
Hypothetical chapter 13 administrative expense and expenses of four vehicles did not create special circumstances that would rebut presumption of abuse.
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Consumer case opionion summary, case decided on April 16,2010, LexisNexis #0610-128

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