- 11 U.S.C.
In re Doherty
Aug
28
2007
Ruling
Dismissal for abuse could not be based on Schedules I and J alone.
Procedural posture
A debtor filed a petition under chapter 7, and a United States Trustee ("UST") filed a motion, pursuant to 11 U.S.C. § 707(b), for an order dismissing or converting the case.
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Court
:
- 11 U.S.C.
In re Mondragon
Aug
24
2007
Ruling
Case dismissed for actual showing of substantial abuse despite prior stipulation that case was filed in good faith and did not raise presumption of abuse.
Procedural posture
Although it was stipulated that bankruptcy debtors'chapter 7 petition did not raise a presumption of abuse and that the debtors filed the petition in good faith, the U.S. Trustee moved to dismiss the petition under 11 U.S.C. § 707(b)(3) on the ground that the totality of the debtors'financial circumstances indicated an abuse of chapter 7 bankruptcy.
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Court
:
- 11 U.S.C.
In re Nissen
Aug
21
2007
Ruling
Case ordered converted or dismissed for substantial abuse where 82% of debtors'income went to mortgage and nothing to unsecured creditors.
Procedural posture
The matter was before the court following a hearing on the motions to dismiss debtors'cases for abuse pursuant to 11 U.S.C. § 707(b)(3) filed by the U.S. Trustee ("UST").
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Court
:
- 11 U.S.C.
In re Toney
Aug
20
2007
Ruling
Dismissal of chapter 7 case for abuse denied where chapter 13 plan would not have yielded significant payment to unsecured creditors.
Procedural posture
The United States Trustee ("UST") moved to dismiss the debtors'chapter 7 case pursuant to 11 U.S.C. § 707(b)(3) on the grounds that the filing constituted an abuse of the provisions of chapter 7.
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Court
:
- 11 U.S.C.
In re Maya
Aug
14
2007
Ruling
Case ordered converted or dismissed where debtors would have disposable income after surrender of property on which payments were claimed in means test.
Procedural posture
The United States Trustee moved to dismiss or convert the debtors'chapter 7 petition pursuant to 11 U.S.C. § 707(b)(2) and as presumptively abusive for failing the means test calculation of their listed expenses, or alternatively under the totality of the circumstances under 11 U.S.C. § 707(b)(3)(B).
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Court
:
- 11 U.S.C.
In re Bertel
Jul
06
2007
Ruling
Deadline for trustee's motion for dismissal for substantial abuse equitably tolled by debtor's false statements.
Procedural posture
The Office of the U.S. Trustee ("UST") moved to dismiss debtor's chapter 7 case under 11 U.S.C. § 707(a) and (b)(3). Debtor opposed, contending the section 707(b)(3) motion was untimely.
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Court
:
- 11 U.S.C.
Stapleton v. Baldino (In re Baldino)
Jun
14
2007
Ruling
Non-filing spouse's income could be included in current monthly income calculation only to the extent contributed to household expenses.
Procedural posture
The United States Trustee ("UST") moved for reconsideration of the court's prior order denying the UST's motion to dismiss the debtor's case under 11 U.S.C. § 707(b)(3). The motion alleged that the court's opinion contained a manifest error of law by failing to consider income of the non-filing spouse which was not expressly dedicated to household expenses.
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Court
:
- 11 U.S.C.
In re Haar
Jun
04
2007
Ruling
Income made available upon surrender of residence to mortgagee could be considered in finding of substantial abuse under totality of circumstances test.
Procedural posture
The United States Trustee ("UST") filed a motion to dismiss the debtors'chapter 7 bankruptcy case for abuse, pursuant to 11 U.S.C. § 707(b)(1) and (b)(3).
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Court
:
- 11 U.S.C.
In re dePellegrini
Apr
26
2007
Ruling
Case dismissed due to debtors'ability to pay substantial portion of debt.
Procedural posture
The United States Trustee filed a motion to dismiss the chapter 7 debtor's case pursuant to 11 U.S.C. § 707(b)(3).
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Court
:
- 11 U.S.C.
In re Zaporski
Apr
17
2007
Ruling
Case dismissed for substantial abuse where debtor's filing was due to excessive entertainment and lifestyle expenses and debtor could support chapter 13 plan.
Procedural posture
The United States Trustee filed a motion to dismiss chapter 7 debtor's case for abuse under 11 U.S.C. § 707(b)(2) and (3).
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Court
: