Detlefs, In re
Aug
22
2024
Ruling
Voluntary Chapter 7 petition was not subject to dismissal for bad faith as the debtor was unemployed, had minimal income and assets, and did not act in bad faith. (Bankr. M.D. Fla.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; For Cause.
ABI Membership is required to access the full summary of Detlefs, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Fryerson, In re
Aug
21
2024
Ruling
Presumption of abuse rebutted as debtor showed that her income had significantly changed and it was now well below the median for a family of two in her state. (Bankr. W.D. Tenn.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse.
ABI Membership is required to access the full summary of Fryerson, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Briars, In re
Aug
21
2024
Ruling
Trustee's motion to dismiss was denied as debtor's reduced income and additional expenses due to her changed financial circumstances constituted special circumstances to rebut the presumption of abuse. (Bankr. W.D. Tenn.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse.
ABI Membership is required to access the full summary of Briars, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Ellison, In re
Aug
05
2024
Ruling
Court conditionally dismissed Chapter 7 case as abusive based on totality of circumstances.(Bankr. E.D. Mo.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse.
ABI Membership is required to access the full summary of Ellison, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Madsen, In re
Aug
02
2024
Ruling
Court denied creditor's motion to dismiss Chapter 7 case as hallmarks of bad faith weremissing. (Bankr. D.N.J.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; For Cause.
ABI Membership is required to access the full summary of Madsen, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Batt, In re
Jul
31
2024
Ruling
Dismissal of debtor's case denied as the bankruptcy court found no allegations of extravagantspending or inability to pay debts when incurred that would support a finding of an abuse ofthe provisions of Chapter 7. (Bankr. E.D. Okla.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse;
ABI Membership is required to access the full summary of Batt, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Callaway, In re
Jun
26
2024
Ruling
Debtor's marijuana-related business interests did not justify dismissal where debtor’sactivities were not directly prohibited by Controlled Substances Act. (Bankr. N.D. Cal.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; For Cause.
ABI Membership is required to access the full summary of Callaway, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Hozey, In re
Apr
30
2024
Ruling
Court found that debtor's bankruptcy schedules and statements, particularly those disclosingher income, did not reasonably and accurately reflect her financial condition. (Bankr. N.D. Ill.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse.
ABI Membership is required to access the full summary of Hozey, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Richardson Foods, Inc., In re
Apr
19
2024
Ruling
Motion to dismiss denied as subrogation and pledge agreements indicated creditors werecreditors of the debtor's parent entity rather than the debtor. (Bankr. S.D.N.Y.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; For Cause.
ABI Membership is required to access the full summary of Richardson Foods, Inc., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Sczepanski, In re
Apr
12
2024
Ruling
Debtors' Chapter 7 case was subject to dismissal for abuse as tax liens should not have beenfactored into the means test. (Bankr. D. Minn.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse;
ABI Membership is required to access the full summary of Sczepanski, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: