In re Mars
Mar
28
2006
Ruling
Dismissal of debtor's case was denied since debtor did not have to choose chapter 13 over chapter 7 solely because a payment plan was feasible.
Procedural posture
The trustee filed a motion to dismiss debtors' chapter 7 bankruptcy proceeding, pursuant to former 11 U.S.C. § 707(b), on the basis that debtors were capable of funding a chapter 13 plan that would pay a significant amount to their unsecured priority creditors.
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Court
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