- 11 U.S.C.
In re Schumacher
May
20
2013
Ruling
Unintentional misstatements and omissions in schedules were not grounds for dismissal.
Procedural posture
Debtor filed a petition under chapter 7 of the Bankruptcy Code, and the United States Trustee ("UST") filed a motion to dismiss the debtor's case pursuant to 11 U.S.C.S. § 707(b)(3)(B). The debtor opposed the motion.
ABI Membership is required to access the full summary of In re Schumacher Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Ng v. Farmer (In re Ng)
Sep
07
2012
Ruling
Case properly dismissed where debtor's income increased significantly.
Procedural posture
Appellant debtors challenged orders from the United States Bankruptcy Court for the District of Hawaii that dismissed their chapter 7 case under 11 U.S.C.S. § 707(b)(3)(B) on the motion of appellee United States trustee, asserting that the bankruptcy court abused its discretion in dismissing their case based on a change in circumstance when debtor husband's monthly income increased significantly.
ABI Membership is required to access the full summary of Ng v. Farmer (In re Ng) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
- 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.
ABI Membership is required to access the full summary of In re Modiri Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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).
ABI Membership is required to access the full summary of In re Soto Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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).
ABI Membership is required to access the full summary of In re Ng Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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).
ABI Membership is required to access the full summary of In re Fletcher Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Lavin
Jan
19
2010
Ruling
Abuse dismissal denied due to implications of debtor's serious illness.
Procedural posture
The United States trustee moved to dismiss the debtor's chapter 7 case under 11 U.S.C.S. § 707(b)(3)(B), asserting that the debtor had the ability to pay at least $ 668.19 per month to his creditors, which would result in a 100 percent dividend in less than 60 months, and that granting of a discharge would be an abuse of the provisions of chapter 7, under the totality of the circumstances test.
ABI Membership is required to access the full summary of In re Lavin Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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).
ABI Membership is required to access the full summary of In re Harries Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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).
ABI Membership is required to access the full summary of In re Soncrant Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Sandifer
Apr
14
2008
Ruling
Filing by above median debtors living frugally in order to continue funding retirement accounts was not abusive.
Procedural posture
The U.S. Trustee asked the court to dismiss the chapter 7 case filed by debtors, a married couple, on the ground that debtors, by continuing to fund retirement accounts, had shown that their chapter 7 filing was abusive within the meaning of 11 U.S.C.S. 707(b)(3)(B).
ABI Membership is required to access the full summary of In re Sandifer Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: