- 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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- 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
:
- 11 U.S.C.
Steiner, In re
Jan
29
2020
Ruling
Debtor's student loans were properly treated as consumer debts where there was no businessor non-consumer purpose for incurring the loans. (Bankr. S.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.
Beard, In re
Sep
04
2019
Ruling
Trustee's motion to dismiss granted where debtor had the ability to pay her creditors. (Bankr.E.D. Ark.)
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.
Cherrett, In re--Aspen Skiing Co. v. Cherrett
Oct
16
2017
Ruling
Panel affirmed that bankruptcy court could not dismiss debtor's bankruptcy petition as thedebtor incurred the loan primarily for a nonconsumer purpose connected to furthering hiscareer. (9th Cir.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse; Test.
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Judge or Jurisdiction information not available
- 11 U.S.C.
In re Hamilton-Conversano
Sep
28
2017
Ruling
Dismissal was warranted as the debtor improperly treated private school tuition as a maritaldeduction rather than a household expense. (Bankr. E.D.N.C.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse; Test.
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Court
:
- 11 U.S.C.
In re Hector
Sep
26
2017
Ruling
Dismissal was warranted as the debtor did not pass the means test after deduction for rentexpenses was disallowed. (Bankr. E.D.N.C.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse; Test.
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Court
:
- 11 U.S.C.
In re Davis
Jan
20
2015
Ruling
Debtor's debts held to be primarily consumer debts, including mortgage on alleged "spec" house.
Issue(s)
Was debtor's mortgage debt on home allegedly constructed as a "spec house" a consumer debt that would cause debtor's overall debts to be primarily consumer debts?
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Court
:
- 11 U.S.C.
In re Davis
Jan
20
2015
Ruling
Debtor's debts held to be primarily consumer debts, including mortgage on alleged "spec" house.
Issue(s)
Was debtor's mortgage debt on home allegedly constructed as a "spec house" a consumer debt that would cause debtor's overall debts to be primarily consumer debts?
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Court
:
- 11 U.S.C.
In re Thoemke
Feb
04
2014
Ruling
§ 707(b)(1) did not apply in case filed originally under chapter 13 and converted to chapter 7.
Issue(s)
Whether 11 U.S.C.S. § 707(b)(1) applied to a chapter 7 case that was originally filed under chapter 13.
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Court
: