- 11 U.S.C.
Traylor, In re
Jan
10
2019
Ruling
Confirmation of chapter 13 plan was denied as debtors were not permitted to claim a vehicle ownership deduction on their means test for a high-interest non-purchase money title loan. (Bankr. D. Utah)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse; Presumption of Abuse; When Presumption Applies.
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Court
:
Martin, In re
Nov
21
2018
Ruling
Motion to dismiss debtor's case for lack of good faith was denied as evidence did not supportthat debtors were attempting to hide income or assets. (Bankr. E.D. Ky.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; For Cause.
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Court
:
Merkel, In re
Sep
07
2018
Ruling
Creditor's motion to dismiss debtor's case denied where she did not establish debtor's alleged improper pre-petition conduct and therefore failed to show debtor had acted in bad faith. (Bankr. S.D. Fla.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; For Cause.
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Court
:
- 11 U.S.C.
Plichta, In re
Sep
05
2018
Ruling
Dismissal was not warranted as neither the means test nor the totality of the circumstancesgave rise to a presumption of abuse. (Bankr. N.D. Ill.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse; Presumption of Abuse.
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Court
:
- 11 U.S.C.
Dotson, In re
Aug
23
2018
Ruling
Debtors' chapter 7 petition should be dismissed where court determined that debtors choseto finance excessive spending beyond their means and had the ability to fund a chapter 13plan. (Bankr. N.D. W. Va.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse; Considerations When Presumption Does Not Apply; Totality of Circumstances.
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Court
:
- 11 U.S.C.
Dotson, In re
Aug
23
2018
Ruling
Debtors' chapter 7 petition should be dismissed where court determined that debtors choseto finance excessive spending beyond their means and had the ability to fund a chapter 13plan. (Bankr. N.D. W. Va.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial
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Court
:
- 11 U.S.C.
Groth, In re
Jul
25
2018
Ruling
Trustee's objection to confirmation sustained where debtor's homeowners' association dueswere not justified by special circumstances and her lack of a reasonable alternative to payingthose dues did not allow her to deduct them. (Bankr. E.D. Wis.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse; Presumption of Abuse; Rebuttal of Presumption.
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Court
:
Beighey, In re
Jun
15
2018
Ruling
Dismissal of chapter 7 bankruptcy case was appropriate where debtors' high incomeprecludes them from rebutting the presumption of abuse. (Bankr. W.D. Ky.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse.
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Court
:
Minick, In re
May
31
2018
Ruling
Motion to dismiss bankruptcy case was denied where court ruled that debtor's prepetitionconduct in which he had an extramarital affair was not the type demonstrating abuse ofprovisions of the bankruptcy law. (Bankr. W.D. Va.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; For Cause.
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Court
:
- 11 U.S.C.
Smith, In re
May
30
2018
Ruling
Debtors' total financial situation as a measure of ability to pay, and bad faith were separateand sufficient grounds for dismissal. (Bankr. W.D. Okla.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse; Considerations When Presumption Does Not Apply.
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Court
: