- 11 U.S.C.
Planck, In re
Aug
03
2017
Ruling
Debtor's case was ordered dismissed as he failed the means test given that he had moreincome contrary to what he declared in his first means test form. (Bankr. C.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.
Buoy, In re
Jul
26
2017
Ruling
Trustee's motion to dismiss debtors' chapter 7 case granted because debtors' financial circumstances demonstrated that they were not needy and granting them a discharge would be an abuse of chapter 7 provisions. (Bankr. N.D. Ohio)
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
:
- 11 U.S.C.
Lynch v. Jackson
Jan
04
2017
Ruling
Debtors are entitled to the full National and Local Standard amounts for any category ofexpense in which they incur a cost. (4th Cir.)
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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:
Judge or Jurisdiction information not available
- 11 U.S.C.
Lynch v. Jackson
Jan
04
2017
Ruling
Debtors granted claim deductions as they were entitled to deduct the full amount of astandard expense for a category of expense which they incurred. (4th Cir.)
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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:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Colon
Dec
29
2016
Ruling
Debtor's plan may be confirmed as inclusion of a secured debt to her disposable incomecalculation was not subject to a good faith inquiry. (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; When Presumption Applies.
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Court
:
- 11 U.S.C.
Robbins v. Ervin (In re Ervin)
Feb
23
2016
Ruling
Case dismissed due to presumption of abuse.
Issue(s)
Should debtor's case be dismissed due to the presumption of abuse?
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Court
:
- 11 U.S.C.
In re Montalto
Sep
17
2015
Ruling
Disallowance of debtor's deductions for spouse's business and credit card expenses would lead to presumption of abuse.
Issue(s)
Did "presumption of abuse" arise where debtor allegedly utilized improper marital adjustments and other expense deductions in the means test calculation?
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Court
:
- 11 U.S.C.
In re Currie
Sep
17
2015
Ruling
Debtor was entitled to full IRS local standard housing and utilities deduction.
Issue(s)
Was debtor entitled to the full deduction based on the IRS Local Standards for housing and utilities?
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Court
:
- 11 U.S.C.
In re Jackson
Sep
10
2015
Ruling
Motion to dismiss above-median debtors' case for abuse denied where debtors properly calculated current monthly income and expenses.
Issue(s)
Should chapter 7 case be dismissed for abuse based on alleged impropriety of debtors' means test deductions?
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Court
:
- 11 U.S.C.
In re Chabre
May
27
2015
Ruling
Dismissal on presumption of abuse denied where debtor had serious medical conditions and was caring for elderly mother and disabled family members.
Issue(s)
Were debtor's expenses for the support of disabled family members and for the treatment of her own medical conditions "special circumstances" that would prevent dismissal of her case for abuse?
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Court
: