- 11 U.S.C.
In re Byrne
Sep
24
2007
Ruling
Trustee could proceed with bad faith dismissal regardless of earlier determination that there was no presumption of abuse.
Procedural posture
Movant, the U.S. Trustee ("UST"), sought dismissal of debtor's case per 11 U.S.C. § 707(b)(3). The motion was opposed by creditor, a bank, and by debtor. At issue was whether the UST was required to file a statement within 10 days of the first meeting of creditors stating whether the case was presumed to be an abuse under section 707(b), as required by 11 U.S.C. § 704(b)(1), prior to filing a motion to dismiss the case under 11 U.S.C. § 707(b)(3).
ABI Membership is required to access the full summary of In re Byrne Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: