- 11 U.S.C.
In re Vaccariello
Aug
22
2007
Ruling
Nondischargeable student loans did not create "special circumstances" that would rebut presumption of abuse.
Procedural posture
The United States Trustee ("UST") moved to dismiss the debtor's chapter 7 case pursuant to 11 U.S.C. § 707(b)(2) based on the presumption of abuse of the provisions of chapter 7. In what was a matter of first impression for the court, the primary issue was whether the debtors'student loans constituted "special circumstances" to overcome the presumption of abuse in the means test.
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Court
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