- 11 U.S.C.
Clippard v. Ragle (In re Ragle)
Sep
29
2008
Ruling
Bankruptcy court properly allowed debtor to deduct ownership expense for vehicle owned free and clear.
Procedural posture
Appellant United States Trustee filed a motion for a rehearing a decision of the court, which dismissed, for lack of jurisdiction, his appeal of the bankruptcy court's order denying his motion to dismiss appellee debtors'chapter 7 bankruptcy case under 11 U.S.C.S. § 707(b)(1).
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Court
:
- 11 U.S.C.
In re Seeburger
Aug
08
2008
Ruling
Dismisal of converted chapter 7 case denied due to trustee's failure to establish bad faith.
Procedural posture
The Trustee (UST) asked the court to dismiss the chapter 7 case being pursued by debtors, a married couple, for abuse under 11 U.S.C.S. § 707(b)(1) and (3) on the ground that debtors had shown a lack of candor in connection with the proceedings and that debtors were not needy and had the ability to repay a meaningful portion of their unsecured debt. Debtors opposed the motion.
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Court
:
- 11 U.S.C.
In re Swanbeck
Jun
06
2008
Ruling
Debtor's intention to reaffirm debt undersecured by mortgage on house and recreational property was not basis for finding of bad faith.
Procedural posture
The case was before the court on the U.S. Trustee's (UST) motion to dismiss debtors' chapter 7 case for abuse under 11 U.S.C.S. § 707(b)(1).
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Court
:
- 11 U.S.C.
In re Felske
Feb
06
2008
Ruling
Case ordered dismissed or converted where debtors had ability to pay unsecured debts.
Procedural posture
Debtors, a husband and wife, filed a voluntary petition for relief under chapter 7 of the Bankruptcy Code, and a chapter 7 trustee was appointed to represent the bankruptcy estate. The trustee filed a motion to dismiss the debtors' case for abuse, pursuant to 11 U.S.C.S. § 707(b)(1), the debtors filed an objection to the trustee's motion.
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Court
:
- 11 U.S.C.
Stapleton v. Haynes (In re Haynes)
Jan
25
2008
Ruling
Discharge denied to debtor with steady income and ability to pay debts based on totality of circumstances test.
Procedural posture
Respondent debtor filed a petition under chapter 7 of the Bankruptcy Code, and movant United States Trustee (UST) filed a motion to dismiss the debtor's petition, pursuant to 11 U.S.C.S. § 707(b)(1) and (b)(3)(B).
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Court
:
- 11 U.S.C.
In re Adams
Oct
19
2007
Ruling
Case dismissed on consideration of nondebtor spouse's contributions to household income and numerous acts to hinder, delay and defraud creditors.
Procedural posture
The United States Trustee (UST) moved to dismiss the debtor's chapter 7 case pursuant to 11 U.S.C. § 707(b)(1) and (b)(3).
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Court
:
- 11 U.S.C.
In re Mordis
Oct
09
2007
Ruling
Loan payments and contributions to thrift savings plan were not proper expenses and once excluded resulted in dismissal for presumption of abuse.
Procedural posture
The United States Trustee filed a motion to dismiss chapter 7 debtor's case, arguing that granting the debtor relief would constitute an abuse of the provisions of chapter 7 as provided in 11 U.S.C. § 707(b)(1).
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Court
:
- 11 U.S.C.
In re Scarafiotti
Sep
07
2007
Ruling
Above median debtors were qualified under chapter 7 once means test deduction for expenses of vehicle owned free and clear and housing costs due to son with special needs were allowed.
Procedural posture
Debtors filed a petition under chapter 7, and a Statement of Current Monthly Income and Means Test Calculation. The United States Trustee ("UST") filed a motion to dismiss the debtors'petition, claiming that the debtors did not meet the qualifications set by 11 U.S.C. § 707(b)(1) for obtaining relief under chapter 7.
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Court
:
- 11 U.S.C.
In re Masella
Jul
20
2007
Ruling
Court declined to dismiss case for substantial abuse due to anticipated termination of child support and alimony payments.
Procedural posture
Movant, a U.S. trustee, sought an order pursuant to 11 U.S.C. § 707(b)(1) dismissing a chapter 7 case filed by debtor. At issue was whether debtor's chapter 7 filing was an "abuse" within the meaning of section 707(b)(1) and (b)(3).
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Court
:
- 11 U.S.C.
In re Zuccarell
Jul
09
2007
Ruling
Chapter 7 case ordered dismissed or converted due to excessive expense claims.
Procedural posture
A debtor filed a petition under chapter 7, and a United States trustee was appointed to manage the bankruptcy estate. The trustee filed a motion to dismiss the case pursuant to 11 U.S.C. § 707(b)(1).
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Court
: