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judge wardlaw

AFI Holding Inc.

Ruling
Trustee properly removed for cause due to past affiliations with insiders that were potentially adverse to the estate.
Procedural posture

A former chapter 7 trustee challenged a decision from the Ninth Circuit Bankruptcy Appellate Panel (BAP), which affirmed a bankruptcy court's order that removed the trustee for cause pursuant to 11 U.S.C.S. § 324.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on June 17, 2008 , LexisNexis #0708-058

Hebbring v. United States Trustee

Ruling
Bankruptcy court did not err in dismissing case for substantial abuse based on finding that retirement contributions were not reasonably necessary expenses.
Procedural posture

Appellant debtor sought review of an order from the District Court for the District of Nevada, which affirmed the bankruptcy court's decision to grant appellee United States Trustee's motion to dismiss the debtor's chapter 7 bankruptcy petition for substantial abuse under 11 U.S.C. § 707(b) based on a finding that the debtor's contributions to her 401(k) plan and savings bond were not reasonably necessary expenses.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on September 11, 2006 , LexisNexis #1006-025