In re Bernard
Nov
20
2008
Ruling
Case ordered dismissed or converted for abuse due to debtor's deduction of taxes withheld rather than actual tax liability resulted in understated current monthly income.
Procedural posture
The United States Trustee moved to dismiss the debtors' case for abuse under 11 U.S.C.S. § 707(b)(2), in the alternative, pursuant to 11 U.S.C.S. § 707(b)(3). The debtors objected to the motion. The court found that the motion turned on whether the debtors could properly deduct their income taxes withheld rather than the actual amount of the tax liability incurred.
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Court
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