- 11 U.S.C.
Lindesmith, In re
May
12
2025
Ruling
Conversion to Chapter 13 denied due to debtors’ lack of realistic ability to pay creditors in Chapter 13. (Bankr. D. Kan.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse; Considerations When Presumption Does Not Apply.
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Court
:
- 11 U.S.C.
Simon, In re
Jan
03
2025
Ruling
Court dismissed debtor's Chapter 7 case for substantial abuse, finding sufficient disposable income to repay debts after reducing excessive expenses, and bad faith due to serial filings and noncompliance with prior plans. (Bankr. M.D. Pa.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse; Considerations When Presumption Does Not Apply; Totality of Circumstances.
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Court
:
- 11 U.S.C.
Wlodar, In re
Jan
24
2024
Ruling
Court granted trustee's motion to convert Chapter 7 case as the debtor had significant incometo fund a Chapter 13 plan. (Bankr. N.D. Ga.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial
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Court
:
- 11 U.S.C.
Peterman, In re
Dec
20
2022
Ruling
Dismissal of debtor's Chapter 7 bankruptcy case denied as the only secured debt that thetrustee identified as an unnecessary luxury item was the boat needed for debtor’s sidebusiness. (Bankr. W.D. Wis.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse;
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Court
:
- 11 U.S.C.
Miller, In re
May
13
2022
Ruling
Trustee did not prove that a totality of the debtor's financial circumstances constituted abuseas the debtor did not have the ability to fund a Chapter 13 plan of reorganization. (Bankr. M.D.Fla.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse;
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Court
:
- 11 U.S.C.
Chambers, In re
Mar
18
2022
Ruling
Chapter 7 discharge would have constituted abuse where the debtor could pay a meaningfulamount to his unsecured creditors in a hypothetical Chapter 13 plan. (Bankr. M.D. Fla.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse;
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Court
:
- 11 U.S.C.
Hernandez, In re
Jan
14
2022
Ruling
Motion to dismiss granted where debtor was eligible for Chapter 13 relief and could pay anapproximate twenty-two percent dividend to his unsecured creditors in a hypothetical Chapter13 plan. (Bankr. M.D. Fla.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse;
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Court
:
- 11 U.S.C.
Bailey, In re--Harrington v. Bailey
Apr
30
2021
Ruling
Motion of the United States Trustee to dismiss debtor's case for abuse was denied as under thetotality of the circumstances, the court found that granting debtor relief would not be an abuseof the provisions of Chapter 7. (Bankr. D. Mass.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse;
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Court
:
- 11 U.S.C.
Klinger, In re
Mar
12
2021
Ruling
Totality of circumstances weighed in favor of dismissing Chapter 7 debtor's case for abuse.(Bankr. N.D. Ohio)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse;
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Court
:
- 11 U.S.C.
Sepielli, In re
Sep
08
2020
Ruling
Motion to dismiss student loan debt was granted as debtors were able to pay thirty percent totheir non-student loan unsecured creditors in Chapter 13 plan. (Bankr. M.D. Fla.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse;
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Court
: