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§ 707(b)(2)(A)(i)

In re Johns

May
26
2006
Ruling
Case was dismissed since potential zero distribution in hypothetical conversion to chapter 13 case did not rebut presumption of abuse of chapter 7.
Procedural posture

A means test calculation submitted by bankruptcy debtors indicated that the debtors'monthly disposable income exceeded a statutory amount and thus created a presumption of bankruptcy abuse under 11 U.S.C. § 707(b)(2)(A)(i). The trustee moved to dismiss the debtors'petition based on the presumption of abuse.

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opinion summary, case decided on May 26, 2006 , LexisNexis #0606-111
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In re Hardacre

Mar
06
2006
Ruling
Plan confirmation was denied since the debtor had made a double deduction for mortgage and car loan expenses in calculating projected disposable income.
Procedural posture

A bankruptcy debtor proposed a chapter 13 plan that provided no return to her unsecured creditors. The trustee objected to confirmation of the plan on the ground that the debtor impermissibly deducted her mortgage and car loan expenses twice under 11 U.S.C. § 707(b)(2)(A)(i) in calculating her disposable income.

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opinion summary, case decided on March 06, 2006 , LexisNexis #0306-073
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