In re Roll
Nov
10
2008
Ruling
Trustee lacked expense information to establish that cases of debtors who lived together but filed separately should be dismissed for abuse.
Procedural posture
Bankruptcy debtors shared a residence with one debtor's adult relative and the debtors filed separate bankruptcy petitions. The trustee asserted that the income of both debtors should be considered together in each debtor's case, and the trustee moved to dismiss the debtors' cases based on the presumption of bankruptcy abuse under 11 U.S.C.S. § 707(b). The bankruptcy court conducted a preliminary hearing.
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Court
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