- 11 U.S.C.
In re McGhee
Sep
18
2013
Ruling
Ransom reasoning applied to prohibit mortgage/rent deduction where debtor did not own the subject property or make mortgage payments.
Issue(s)
Could debtor claim a deduction for residence which she did not own or on which she did not pay the mortgage.
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Court
:
- 11 U.S.C.
In re Bradley
Aug
30
2013
Ruling
Student loan debt could constitute "special circumstances" to rebut presumption of abuse.
Issue(s)
Could debtors cite student loan obligations as "special circumstances" in order to rebut the presumption of abuse.
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Court
:
- 11 U.S.C.
DeAngelis v. Holmes (In re Holmes)
Aug
21
2013
Ruling
Case ordered converted or dismissed based on totality of circumstances including excessive and unreasonable budget.
Issue(s)
Should debtor's case be dismissed under the presumption of abuse due to failure to include household contributions of debtor's housemate or in the alternative pursuant to totality of circumstances.
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Court
:
- 11 U.S.C.
In re Lorenzo
May
09
2013
Ruling
Plan could not be modified to include newly listed expenses.
Procedural posture
Chapter 13 debtors filed a proposed third modified plan, seeking to reduce the payment to their unsecured creditors by $52,372.72 (from $141,972.32 to $89,599.60). The chapter 13 trustee objected to the modification as not in compliance with the Bankruptcy Code.
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Court
:
- 11 U.S.C.
In re Weinart
Apr
11
2013
Ruling
Case dismissed due to presumption of abuse where personal savings plan loan repayment was not a proper expense deduction.
Procedural posture
The United States Trustee (UST) filed a motion to dismiss the debtor's chapter 7 bankruptcy case claiming that the presumption of abuse arose pursuant to 11 U.S.C.S. § 707(b).
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Court
:
- 11 U.S.C.
In re Sturm
Sep
21
2012
Ruling
On remand, case dismissed for presumption of abuse due to improper deduction for expenses of mortgage solely in name of non-debtor spouse.
Procedural posture
On remand from the United States District Court for the Northern District of Ohio, the court reconsidered two matters pertaining to its prior decision in which, on a motion brought by the United States Trustee (UST), it was determined that, under the "means test" calculation of 11 U.S.C.S. § 707(b)(2), a presumption of abuse arose.
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Court
:
- 11 U.S.C.
In re Moose
Mar
20
2012
Ruling
Civil Service Retirement System pension could not be deducted as "special circumstance and was required to be included in current monthly income calculation.
Procedural posture
This matter came before the court for a hearing on debtors' motion to strike presumption of abuse.
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Court
:
- 11 U.S.C.
In re Williams
Mar
19
2012
Ruling
Case dismissed as filed in bad faith where debtor purchased house on petition date.
Procedural posture
Movant, the trustee, asked the court to dismiss debtor's chapter 7 case on claims that it constituted an abuse of chapter 7 and was properly dismissed under either the so-called "means test" per 11 U.S.C.S. § 707(b)(2) or under the "totality of the circumstances" test in § 707(b)(3). Movant also argued that the case was filed in bad faith.
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Court
:
- 11 U.S.C.
In re Wedblad
Jan
25
2012
Ruling
Case dismissed for abuse pursuant to means test using IRS standards pursuant to §707(b)(2)(A), which did not unconstitutionally delegate legislative power to IRS.
Procedural posture
The United States Trustee filed a motion to dismiss chapter 7 debtors' case pursuant to 11 U.S.C.S. § 707(b).
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Court
:
- 11 U.S.C.
In re Campbell
Jan
19
2012
Ruling
Case ordered converted or dismissed for abuse absent evidence of special circumstances.
Procedural posture
The United States Trustee filed motion to dismiss chapter 7 debtor's case for abuse under 11 U.S.C.S. § 707(b). The debtor argued that he had rebutted any presumption of abuse by demonstrating "special circumstances" as required by § 707(b)(2)(B)(i).
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Court
: