In re Jensen
Nov
12
2008
Ruling
Dismissal for abuse under totality of circumstances test denied where result would contradict policies behind means test.
Procedural posture
The United States Trustee (UST) moved to dismiss the debtors' chapter 7 case pursuant to 11 U.S.C.S. § 707(b)(1) and (b)(3)(B). The UST conceded that the debtors' petition did not trigger the "presumption of abuse" under the § 707(b)(2) Means Test. However, the UST argued that the debtors' petition was abusive pursuant to § 707(b)(3)(B) because of the "totality of the circumstances"test.
ABI Membership is required to access the full summary of In re Jensen Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: