- 11 U.S.C.
In re Wiseman
Aug
07
2014
Ruling
Case ordered converted or dismissed due to debtor's ability to pay a portion of unsecured debts.
Issue(s)
Should case of married debtors be dismissed where they have sufficient net monthly income to pay their debts?
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Court
:
- 11 U.S.C.
In re Thompson
Jul
28
2014
Ruling
Case dismissed where debtor had sufficient income to fund a chapter 13 plan and failed to disclose assets.
Issue(s)
Should debtor's chapter 13 case be dismissed for abuse?
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Court
:
- 11 U.S.C.
In re Nunna
May
13
2014
Ruling
Abuse existed where debtors lived an above-standard lifestyle and had not modified their spending.
Issue(s)
Should case be dismissed under the totality of circumstances because debtor could redirect substantial 401(k) contributions and loan repayments to pay 100% of unsecured debt in the context of a Chapter 13 plan?
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Court
:
- 11 U.S.C.
In re Hodge
Apr
11
2014
Ruling
Case ordered converted or dismissed due to totality of the circumstances.
Issue(s)
Whether a bankruptcy court was to dismiss a debtor's chapter 7 case for abuse under 11 U.S.C.S. § 707(b)(3).
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Court
:
- 11 U.S.C.
In re Johnson
Feb
28
2014
Ruling
Social Security income could not be considered in evaluating motion for totality of circumstances dismissal.
Issue(s)
Could debtor's Social Security income be included in assessing debtor's ability to pay debts and possible dismissal on totality of the circumstances?
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Court
:
- 11 U.S.C.
Landis v. Orozco (In re Orozco)
Oct
21
2013
Ruling
Debtor serial filer's fourth case dismissed with prejudice due to bad faith and abuse of system.
Issue(s)
Should serial filer's fourth case be dismissed for bad faith.
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Court
:
- 11 U.S.C.
In re Schumacher
May
20
2013
Ruling
Unintentional misstatements and omissions in schedules were not grounds for dismissal.
Procedural posture
Debtor filed a petition under chapter 7 of the Bankruptcy Code, and the United States Trustee ("UST") filed a motion to dismiss the debtor's case pursuant to 11 U.S.C.S. § 707(b)(3)(B). The debtor opposed the motion.
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Court
:
- 11 U.S.C.
In re Hardigan
Mar
29
2013
Ruling
Conversion or dismissal denied where debtor's income was insufficient to support a chapter 11 plan.
Procedural posture
Debtor filed a petition under chapter 7 of the Bankruptcy Code, and the United States Trustee ("UST") and a bank filed motions seeking an order under 11 U.S.C.S. § 707(b)(3)(B) which converted the debtor's case to one under chapter 11 of the Bankruptcy Code or dismissed the case. The court denied the UST's and the bank's motion for summary judgment and held a hearing on the motions.
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Court
:
- 11 U.S.C.
In re Christians
Oct
10
2012
Ruling
Case ordered converted or dismissed based on totality of circumstances.
Procedural posture
Movant bankruptcy administrator (BA) asked the court to dismiss debtor's chapter 7 case for abuse pursuant to 11 U.S.C.S. § 707(b)(3). At issue was whether debtor had the ability to pay a sizable dividend to creditors and whether the "totality of the circumstances" of debtor's finances demonstrated abuse.
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Court
:
- 11 U.S.C.
Ng v. Farmer (In re Ng)
Sep
07
2012
Ruling
Case properly dismissed where debtor's income increased significantly.
Procedural posture
Appellant debtors challenged orders from the United States Bankruptcy Court for the District of Hawaii that dismissed their chapter 7 case under 11 U.S.C.S. § 707(b)(3)(B) on the motion of appellee United States trustee, asserting that the bankruptcy court abused its discretion in dismissing their case based on a change in circumstance when debtor husband's monthly income increased significantly.
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Court
:
Judge or Jurisdiction information not available