- 11 U.S.C.
Lindesmith, In re
May
12
2025
Ruling
Conversion to Chapter 13 denied due to debtors’ lack of realistic ability to pay creditors in Chapter 13. (Bankr. D. Kan.)
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
:
Serna, In re
Apr
02
2025
Ruling
Dismissal or conversion to Chapter 13 denied as Chapter 7 debtors had insufficient ability to pay unsecured creditors in hypothetical Chapter 13 plan and lacked bad faith. (Bankr. D. Kan.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse.
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Court
:
- 11 U.S.C.
Simon, In re
Jan
03
2025
Ruling
Court dismissed debtor's Chapter 7 case for substantial abuse, finding sufficient disposable income to repay debts after reducing excessive expenses, and bad faith due to serial filings and noncompliance with prior plans. (Bankr. M.D. Pa.)
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
:
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.
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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.
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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.
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Court
:
- 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;
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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.
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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;
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Court
:
Linton, In re
Mar
20
2024
Ruling
Presumption of abuse was rebutted as special circumstances of the debtors' means weresufficiently demonstrated. (Bankr. D. Conn.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse.
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Court
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