In re Martin
Jul
16
2007
Ruling
Debtors allowed to rebut presumption of abuse with evidence of higher than usual income during statutory period.
Procedural posture
A U.S. Trustee asserted that bankruptcy debtors'statutory calculation of their income and expenses was erroneous, and that a proper calculation of disposable income raised a presumption of bankruptcy abuse under 11 U.S.C. §707(b). The trustee moved to dismiss the debtors'case based on the presumption, but the debtors contended that special circumstances existed to rebut the presumption.
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Court
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