- 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
:
Lee, In re--Commercial Cap. Bank v. Lee
May
10
2022
Ruling
Motion to dismiss granted where debtors engaged in bad faith by failing to comport theirlifestyle to their financial situation, including their suspicious house purchase whileconsidering bankruptcy, and their lack of consideration for creditors. (Bankr. M.D. Ga.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse.
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Court
:
Ruff, In re--Townson v. Ruff
Mar
31
2022
Ruling
Debtor's student loan debts were not consumer debts as debtor incurred them as aninvestment in herself to make more money by enhancing her prospects for a better job. (Bankr.N.D. Ga.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse.
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Court
:
Livingston, In re
Mar
29
2022
Ruling
Motion to dismiss debtors' bankruptcy case was denied as the presumption of abuse did notexist and totality of the circumstances of the debtors' financial situation did not demonstrateabuse. (Bankr. D. Del.)
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
:
Martin, In re
Feb
23
2022
Ruling
Chapter 7 case converted due to debtor's ability to pay more than half of their scheduledunsecured debt in a Chapter 13 case. (Bankr. D. Kan.)
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
:
Nawab, In re
Jan
04
2022
Ruling
Debtor's bankruptcy case was dismissed for abuse as debtor had primarily consumer debtsbased on the dollar amount of the debts. (Bankr. W.D. Tex.)
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.
Cook, In re
Jan
04
2022
Ruling
Debtors could deduct their contractual mortgage payments from their monthly income todetermine their projected disposable income. (Bankr. E.D.N.C.)
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.
Baldwin, In re
Oct
05
2021
Ruling
Factoring of debtor’s attorneys’ fees could not be allowed as it created an inherent conflict ofinterest and lacked adequate disclosure. (Bankr. W.D. Ky.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial
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Court
: