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§ 707(b)(3)

In re dePellegrini

Ruling
Case dismissed due to debtors'ability to pay substantial portion of debt.
Procedural posture

The United States Trustee filed a motion to dismiss the chapter 7 debtor's case pursuant to 11 U.S.C. § 707(b)(3).

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opinion summary, case decided on April 26, 2007 , LexisNexis #0707-048

In re Zaporski

Ruling
Case dismissed for substantial abuse where debtor's filing was due to excessive entertainment and lifestyle expenses and debtor could support chapter 13 plan.
Procedural posture

The United States Trustee filed a motion to dismiss chapter 7 debtor's case for abuse under 11 U.S.C. § 707(b)(2) and (3).

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opinion summary, case decided on April 17, 2007 , LexisNexis #0607-010

In re Zayas

Ruling
Chapter 7 case dismissed for substantial abuse where debtors'had income above median and were capable of filing chapter 13 plan.
Procedural posture

Debtors filed for relief under chapter 7. The chapter 7 trustee filed a motion to dismiss the case for abuse under 11 U.S.C. § 707(b)(3)(B). After a hearing, the court issued findings of fact and conclusions of law.

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opinion summary, case decided on April 02, 2007 , LexisNexis #0507-011

In re Mitchell

Ruling
Case dismissed with prejudiceand 180-day filing bar due to debtor's willful and intentional abusive and fraudulent credit usage prior to filing.
Procedural posture

The United States Trustee filed a motion to dismiss debtor's chapter 7 case with prejudice pursuant to 11 U.S.C. § 707(b)(3)(A) and contingent motion to extend bar date for filing complaint under 11 U.S.C. § 727 objecting to debtor's discharge (the Motion).

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opinion summary, case decided on December 05, 2006 , LexisNexis #0107-006

In re Pak

Ruling
Trustee motion to dismiss was granted since case was abuse of chapter 7 given postfiling substantial increase in debtor's income.
Procedural posture

The trustee moved to dismiss debtor's chapter 7 case that had been filed after the effective date of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA"), asserting that the filing constituted an abuse of the Bankruptcy Code pursuant to 11 U.S.C. § 707(b), as modified by the BAPCPA.

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opinion summary, case decided on May 18, 2006 , LexisNexis #0606-076