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§ 704(b)

Fokkena v. Draisey (In re Draisey)

Oct
16
2008
Ruling
Bankruptcy court erred in applying 30-day limit of 702(b)(2) to bar motion to dismiss under 702(b)(3).
Procedural posture

United States Trustee (UST) appealed a decision of the Bankruptcy Court for the District of Minnesota that denied the UST's motion to dismiss defendant debtors' case pursuant to 11 U.S.C.S. § 707(b)(3)(B).

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on October 16, 2008 , LexisNexis #1108-081
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In re Clark

Jun
27
2008
Ruling
Motion to dismiss for abuse denied as untimely where not filed within ten days of first date set for meeting of creditors.
Procedural posture

The U.S. Trustee moved to dismiss bankruptcy debtors' case for abuse of bankruptcy based on a presumption of abuse under 11 U.S.C.S. § 707(b)(2), based on the totality of the circumstances under § 707(b)(3). The debtors asserted that the motion was untimely since it was not filed within the 30-day period provided in 11 U.S.C.S. § 704(b)(2).

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Consumer opinion summary, case decided on June 27, 2008 , LexisNexis #1108-082
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In re Cadwallder

Jun
28
2007
Ruling
Trustee's filing of statement regarding presumption of abuse filed ten days after conclusion of creditors'meeting was timely.
Procedural posture

The U.S. Trustee filed a motion to dismiss debtor's chapter 7 bankruptcy case as an abuse of the Bankruptcy Code, 11 U.S.C. § 707(b)(2) and (b)(3). Debtor objected to the motion.

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opinion summary, case decided on June 28, 2007 , LexisNexis #0807-081
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