- 11 U.S.C.
In re Farkas
Aug
01
2012
Ruling
Case dismissed for abuse due to improper deductions and inability to fund plan.
Procedural posture
The United States Trustee, brought a motion to dismiss the debtor's chapter 7 case pursuant to 11 U.S.C.S. § 707(b)(3) for abuse of chapter 7.
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Court
:
- 11 U.S.C.
In re Modiri
Jul
02
2012
Ruling
Case ordered converted or dismissed due to debtor's ability to fund chapter 13 plan.
Procedural posture
The U.S. Trustee filed a motion to dismiss debtor's chapter 7 case for abuse under 11 U.S.C.S. § 707(b). The UST contended that debtor's expenses of $3,000 per month for rent and utility expenses and $1,000 per month for transportation expenses were excessive and that when these were adjusted, debtor could repay his creditors a substantial dividend in a chapter 13 case. Debtor filed an objection to the motion. The court conducted a hearing.
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Court
:
- 11 U.S.C.
In re Soto
Jun
08
2012
Ruling
Chapter 7 case dismissed due to debtor's ability to fund chapter 13 plan.
Procedural posture
The United States Trustee (UST) filed a motion to dismiss a chapter 7 case pursuant to 11 U.S.C.S. § 707(b)(3).
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Court
:
- 11 U.S.C.
In re Campbell
Feb
01
2012
Ruling
Case ordered converted of dismissed for abuse due to debtors' steady income.
Procedural posture
Debtors, a husband and wife, filed a petition under chapter 7 of the Bankruptcy Code, and the United States Trustee for Region 2 (the "UST") filed a motion seeking dismissal of the debtors' case as an abuse of the bankruptcy process, pursuant to 11 U.S.C.S. § 707(b)(3) and Fed. R. Bankr. P. 1017.
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Court
:
- 11 U.S.C.
In re Boyette
Jan
27
2012
Ruling
Dismissal or reconversion of case to chapter 13 denied absent evidence of bad faith.
Procedural posture
After the debtor's chapter 13 case was converted to a chapter 7 case, the debtor's ex-wife filed a motion to dismiss the chapter 7 case or convert it to a chapter 13 case under 11 U.S.C.S. § 707(b)(3) based on bad faith of the debtor or abuse of the provisions of chapter 7.
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Court
:
- 11 U.S.C.
In re Kehl
Dec
07
2011
Ruling
Case dismissed where debtors had ability to make significant payments to unsecured creditors.
Procedural posture
The United States trustee filed a motion to dismiss chapter 7 debtors' petition pursuant to 11 U.S.C.S. § 707(b)(3), asserting that, even with no reduction in debtors' current standard of living, debtors had the ability to make a significant repayment to their unsecured creditors.
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Court
:
- 11 U.S.C.
In re Ng
Nov
28
2011
Ruling
Case dismissed for abuse where elimination of unnecessary expensed would free up funds that could be used to pay unsecured creditors.
Procedural posture
Movant, the U.S. Trustee (UST), asked the court to dismiss the bankruptcy filing by debtors, a married couple who filed a chapter 7 case, on the ground of abuse under 11 U.S.C.S. § 707(b)(3)(B).
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Court
:
- 11 U.S.C.
In re Fletcher
Nov
10
2011
Ruling
Case dismissed for abuse where debtor's 401(k) loan payments could more properly be used to fund plan.
Procedural posture
The United States Trustee (UST) sought dismissal of a chapter 7 debtor's bankruptcy on the ground that the totality of the circumstances constituted abuse under 11 U.S.C.S. § 707(b)(3)(B).
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Court
:
- 11 U.S.C.
Bennett v. Bennett (In re Bennett)
Jan
19
2011
Ruling
Motion to dismiss filed by debtor's former spouse objecting to child's private school tuition and spouse's 401(k) contributions denied.
Procedural posture
A pro se creditor who was the debtor's former husband sought to dismiss the debtor's Chapter 7 case under 11 U.S.C.S. § 707(b)(3).
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Court
:
- 11 U.S.C.
DeAngelis v. Shores (In re Shores)
Dec
08
2010
Ruling
Case ordered converted or dismissed for abuse based on totality of the circumstances.
Procedural posture
U.S. Trustee (UST) filed a motion to dismiss the bankruptcy petition of respondent debtors, alleging that the totality of their financial circumstances demonstrated an abuse of chapter 7 under 11 U.S.C.S. § 707(b)(3).
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Court
: