- 11 U.S.C.
Koopmans, In re
Nov
09
2020
Ruling
Debtor was not permitted to claim a housing adjustment as a special circumstance as thedebtor did not give a credible explanation as to why her only reasonable rental option was onethat cost more than what was allotted under the IRS's guidelines. (Bankr. M.D. Fla.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial
ABI Membership is required to access the full summary of Koopmans, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Groth, In re
Jul
25
2018
Ruling
Trustee's objection to confirmation sustained where debtor's homeowners' association dueswere not justified by special circumstances and her lack of a reasonable alternative to payingthose dues did not allow her to deduct them. (Bankr. E.D. Wis.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse; Presumption of Abuse; Rebuttal of Presumption.
ABI Membership is required to access the full summary of Groth, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Mittelstaedt
Feb
28
2014
Ruling
Decrease in income when debtor quit job and spouse retired was not a "special circumstance" that would prevent dismissal for abuse.
Issue(s)
Did debtor's spouse's decision to retire and debtor's decision to leave job and move to Florida constitute "special circumstances" that would rebut the presumption of abuse and prevent dismissal of debtor's bankruptcy case?
ABI Membership is required to access the full summary of In re Mittelstaedt Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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.
ABI Membership is required to access the full summary of In re Bradley Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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.
ABI Membership is required to access the full summary of In re Moose Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Johnson
Mar
11
2011
Ruling
Student loans were not special circumstances but could be separately classified under chapter 13 plan without discriminating against unsecured creditors.
Procedural posture
Chapter 13 debtor sought to pay her student loans in full while paying less than 100 percent to other unsecured creditors. The trustee objected to confirmation of the plan for failing to allocate all of her disposable income toward the repayment of unsecured creditors. Debtor sought to deduct $641 per month for her student loans as a special circumstance under 11 U.S.C.S. § 707(b)(2)(B), under 11 U.S.C.S. § 1325(b)(1)(B).
ABI Membership is required to access the full summary of In re Johnson Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Schley
Aug
22
2008
Ruling
Debtor spouse's seasonal employment as teacher did not qualify as "special circumstances" or justify adjustment to projected disposable income calculation.
Procedural posture
Debtors, a married couple, proposed a chapter 13 plan under which they had adjusted their projected disposal income to reflect the fact that the wife was a school system employee who received a salary for only nine months of the year. The chapter 13 trustee objected to confirmation on that basis. At issue was the facts constituted "special circumstances" for purposes of 11 U.S.C.S. § 707(b)(2)(B).
ABI Membership is required to access the full summary of In re Schley Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Zabringer
May
30
2008
Ruling
Student loan payments were not "special circumstances" that could be deducted from projected disposable income calculation.
Procedural posture
A trustee objected to confirmation of a debtor's amended chapter 13 plan on the ground that it did not provide for all of the debtor's projected disposable income, pursuant to 11 U.S.C.S. § 1325(b)(1)(B).
ABI Membership is required to access the full summary of In re Zabringer Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Parulan
Apr
22
2008
Ruling
Loss of overtime did not constitute a special circumstance that would warrant an adjustmet to debtor's disposable income.
Procedural posture
A trustee in a bankruptcy case objected to confirmation of the bankruptcy debtor's plan on the ground that the plan failed to apply all of the debtor's projected disposable income to payment of unsecured claims. The debtor asserted that special circumstances based on loss of overtime work warranted an adjustment to disposable income under 11 U.S.C.S. § 707(b)(2)(B).
ABI Membership is required to access the full summary of In re Parulan Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Crego
Apr
02
2008
Ruling
Debtors could claim expenses of maintaining separate households as "special circumstances."
Procedural posture
Debtors, a husband and wife, filed a joint petition under chapter 7 of the Bankruptcy Code but converted their case to one under chapter 13 after the United States Trustee moved to dismiss their case as an abuse of the provisions of chapter 7. A chapter 13 trustee was appointed to represent the bankruptcy estate, and he filed an objection to the debtors' chapter 13 plan.
ABI Membership is required to access the full summary of In re Crego Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: