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§ 707(b)(3)(A)

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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Consumer opinion summary, case decided on October 21, 2013 , LexisNexis #1113-128
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In re Baum

Feb
29
2008
Ruling
Excessive online gambling debts were not indicative of bad faith.
Procedural posture

The U.S. Trustee moved to dismiss a bankruptcy debtor's case for abuse of chapter 7 on the ground that gambling debts were the decisive factor that pushed the debtor to seek bankruptcy protection, and thus the bankruptcy was filed in bad faith and under circumstances indicating abuse within the meaning of 11 U.S.C.S. § 707(b)(3)(A), (B).

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Consumer opinion summary, case decided on February 29, 2008 , LexisNexis #0408-015
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In re Byrne

Sep
24
2007
Ruling
Trustee could proceed with bad faith dismissal regardless of earlier determination that there was no presumption of abuse.
Procedural posture

Movant, the U.S. Trustee ("UST"), sought dismissal of debtor's case per 11 U.S.C. § 707(b)(3). The motion was opposed by creditor, a bank, and by debtor. At issue was whether the UST was required to file a statement within 10 days of the first meeting of creditors stating whether the case was presumed to be an abuse under section 707(b), as required by 11 U.S.C. § 704(b)(1), prior to filing a motion to dismiss the case under 11 U.S.C. § 707(b)(3).

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Consumer opinion summary, case decided on September 24, 2007 , LexisNexis #1007-122
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In re Mitchell

Dec
05
2006
Ruling
Case dismissed with prejudiceand 180-day filing bar due to debtor's willful and intentional abusive and fraudulent credit usage prior to filing.
Procedural posture

The United States Trustee filed a motion to dismiss debtor's chapter 7 case with prejudice pursuant to 11 U.S.C. § 707(b)(3)(A) and contingent motion to extend bar date for filing complaint under 11 U.S.C. § 727 objecting to debtor's discharge (the Motion).

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opinion summary, case decided on December 05, 2006 , LexisNexis #0107-006
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