- 11 U.S.C.
In re Dennis P.
Apr
07
2009
Ruling
Case ordered converted or dismissed for abuse where elimination of 401(k) contributions and loan payments, adjustment of withholding and reduction of housing costs increase ability to pay unsecured debt.
Procedural posture
Debtors, a husband and a wife, filed a bankruptcy petition. The trustee (UST) moved to dismiss pursuant to 11 U.S.C.S. § 707(b)(3).
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Court
:
- 11 U.S.C.
In re Booker
Jan
23
2009
Ruling
Case ordered dismissed or converted to chapter 13 for abuse and bad faith after adjustments to claimed expenses.
Procedural posture
The United States Trustee filed a motion to dismiss a chapter 7 debtors' case pursuant to 11 U.S.C.S. § 707(b)(3).
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Court
:
- 11 U.S.C.
In re Harries
Jan
22
2009
Ruling
Case ordered dismissed or converted to chapter 13 due to sufficient income to fund plan.
Procedural posture
In this chapter 7 bankruptcy case, the United States Trustee moved to dismiss the debtors' case for abuse under 11 U.S.C.S. § 707(b)(3)(B).
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Court
:
- 11 U.S.C.
In re Christiansen
Jan
21
2009
Ruling
Case dismissed for abuse as debtor could fund chapter 13 plan over five years.
Procedural posture
The United States Bankruptcy Administrator (Administrator) moved to dismiss the debtor's chapter 7 case pursuant to 11 U.S.C.S. § 707(b)(3).
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Court
:
- 11 U.S.C.
In re Johnson
Dec
08
2008
Ruling
Excess secured debt on debtor's primary residence did not preclude relief in consumer case.
Procedural posture
The debtors filed for relief under chapter 7. The United States Trustee filed a motion to dismiss the case under 11 U.S.C.S. § 707(b)(3).
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Court
:
- 11 U.S.C.
In re Soncrant
Nov
03
2008
Ruling
U.S. Trustee's motion to dismiss chapter 7 case for abuse based solely on allegedly unreasonable mortgage expense denied.
Procedural posture
Before the court was the United States Trustee's (UST) motion to dismiss for abuse brought under 11 U.S.C.S. § 707(b)(2) and (b)(3) At a hearing, the court granted debtors leave to file an amended Form 22A, chapter 7 Statement of Current Monthly Income and Means Test Calculation. After reviewing the amended Form 22A, the UST withdrew his motion to dismiss under § 707(b)(2) and was proceeding only under § 707(b)(3).
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Court
:
- 11 U.S.C.
In re Vogeler
Aug
28
2008
Ruling
Case dismissed for abuse where debtor failed to use postpetition lottery winnings to reduce debts.
Procedural posture
The United States Trustee filed a motion to dismiss a chapter 7 debtor's bankruptcy case pursuant to 11 U.S.C.S. § 707(b), alleging that the totality of the circumstances demonstrated abuse under § 707(b)(3).
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Court
:
- 11 U.S.C.
In re Harter
Aug
19
2008
Ruling
Trips to Europe and "luxurious" automobile did not give rise to "extravagant lifestyle" that would require bad faith dismissal.
Procedural posture
The United States Trustee (UST) moved to dismiss the debtor's chapter 7 case pursuant to 11 U.S.C.S. § 707(b)(3) alleging bad faith and that the totality of the circumstances demonstrated abuse. The UST contended that the debtor showed an abusive spending pattern before the filing. Her "totality of the circumstances" argument was based primarily on her belief that the debtor could afford to pay his debts.
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Court
:
- 11 U.S.C.
In re McNary
Jul
18
2008
Ruling
Chapter 7 case dismissed for abuse where debtors were capable of filing chapter 13 plan.
Procedural posture
The debtors filed for relief under chapter 7 of the Bankruptcy Code. A United States Trustee filed a motion to dismiss the matter for abuse, pursuant to 11 U.S.C.S. § 707(b)(3). The Trustee filed a motion for judgment on the pleadings.
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Court
:
- 11 U.S.C.
In re Lipford
Apr
17
2008
Ruling
Case dismissed for abuse based on totality of circumstances.
Procedural posture
The Bankruptcy Administrator (movant) asked the court to dismiss a chapter 7 case filed by debtors, a husband and wife, who claimed that they had filed bankruptcy because they could not pay their bills as they came due. At issue was whether dismissal was properly granted for abuse pursuant to 11 U.S.C.S. § 707(b)(3).
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Court
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