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§ 707(b)(2)(a)

Maxton, In re

May
16
2018
Ruling
Court deferred granting motion to dismiss debtor's case for abuse after he failed to includemeal and travel allowances, a lump sum payout, and corporate profit share in his currentmonthly income. (Bankr. D. Mass.)
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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Consumer opinion summary, case decided on May 16, 2018 , LexisNexis #0618-079
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In re Zak

Jan
12
2007
Ruling
No presumption of abuse existed where debtor's deductions were properly claimed and disposable income was a negative figure.
Procedural posture

A United States Trustee asserted that bankruptcy debtors, in calculating their monthly disposable income, improperly claimed deductions for mortgage debt secured by realty upon which a mortgagee previously foreclosed, and for ownership/lease expenses for vehicles which the debtors owned free and clear. The trustee moved to dismiss the case based on a presumption of abuse under 11 U.S.C. § 707(b)(2)(a)(i).

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opinion summary, case decided on January 12, 2007 , LexisNexis #0207-045
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