- 11 U.S.C.
Simon, In re
Jan
03
2025
Ruling
Court dismissed debtor's Chapter 7 case for substantial abuse, finding sufficient disposable income to repay debts after reducing excessive expenses, and bad faith due to serial filings and noncompliance with prior plans. (Bankr. M.D. Pa.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse; Considerations When Presumption Does Not Apply; Totality of Circumstances.
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Court
:
- 11 U.S.C.
Wlodar, In re
Jan
24
2024
Ruling
Court granted trustee's motion to convert Chapter 7 case as the debtor had significant incometo fund a Chapter 13 plan. (Bankr. N.D. Ga.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial
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Court
:
- 11 U.S.C.
Harms, In re--United States Tr. v. Harms
Jan
29
2020
Ruling
Debtors' motion to reconsider dismissal denied as their belated attempt to supplement therecord lacked merit and signaled bad faith. (Bankr. W.D. Pa.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial
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Court
:
- 11 U.S.C.
Dotson, In re
Aug
23
2018
Ruling
Debtors' chapter 7 petition should be dismissed where court determined that debtors choseto finance excessive spending beyond their means and had the ability to fund a chapter 13plan. (Bankr. N.D. W. Va.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse; Considerations When Presumption Does Not Apply; Totality of Circumstances.
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Court
:
- 11 U.S.C.
Dotson, In re
Aug
23
2018
Ruling
Debtors' chapter 7 petition should be dismissed where court determined that debtors choseto finance excessive spending beyond their means and had the ability to fund a chapter 13plan. (Bankr. N.D. W. Va.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial
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Court
:
- 11 U.S.C.
Stackhouse, In re
Mar
06
2018
Ruling
Court ruled that there were grounds for dismissal of debtors' chapter 7 case as they were making discretionary payments they could have used to pay unsecured debts. (Bankr. S.D. Ohio)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse; Considerations When Presumption Does Not Apply; Totality of Circumstances.
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Court
:
- 11 U.S.C.
In re Arafa
Nov
13
2015
Ruling
Debtor's case dismissed for abuse due to improvement in standard of living and failure to reduce expenses.
Issue(s)
Should case be dismissed for abuse due to debtor's failure to reduce expenses and improved standard of living subsequent to petition date?
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Court
:
- 11 U.S.C.
In re Garrett
Mar
31
2015
Ruling
Case dismissed for abuse due to unreasonable budget and inaccurate schedules.
Issue(s)
Should chapter 7 case be dismissed for abuse?
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Court
:
- 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 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
: