Skip to main content

§ 707(b)

Meehean, In re

Ruling
Motion to dismiss Chapter 7 bankruptcy case was granted where court found that debtors'sources of future income are stable and debtors clearly have the ability to fund a Chapter 13.(Bankr. E.D. Mich.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse;

ABI Membership is required to access the full summary of Meehean, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on January 27, 2020 , LexisNexis #0320-018

Teter, In re

Ruling
Debtor's motion for summary judgment on trustee's motion to dismiss denied where courtheld that the better course would be to develop a complete record on all 707(b) issues. (Bankr.N.D. Ohio)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse.

ABI Membership is required to access the full summary of Teter, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on December 11, 2019 , LexisNexis #0120-062

Garcia, In re

Ruling
Endorsement liability was not a consumer debt that would cause debtor’s debts to beprimarily consumer debts and therefore dismissal was not required. (Bankr. D.N.M.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse.

ABI Membership is required to access the full summary of Garcia, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

:
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on October 11, 2019 , LexisNexis #1219-044

Dowd, In re

Ruling
U.S. Trustee's motion to dismiss bankruptcy case was granted as the presumption of abusearose in the case and had not been rebutted by special circumstances. (Bankr. E.D. Va.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse.

ABI Membership is required to access the full summary of Dowd, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on October 01, 2019 , LexisNexis #1119-095

Dumas, In re

Ruling
Attorney's fees fell within the meaning of "priority claims" and could be deducted as areasonably necessary expense when calculating debtor's PDI. (Bankr. N.D. Ga.)
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 Dumas, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on September 30, 2019 , LexisNexis #1219-017

Kubatka, In re--United States Tr. v. Kubatka

Ruling
Debtors' voluntary retirement account contributions should not be considered as disposableincome when assessing their ability to pay. (Bankr. W.D. Pa.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse;

ABI Membership is required to access the full summary of Kubatka, In re--United States Tr. v. Kubatka Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on September 30, 2019 , LexisNexis #1219-018

Everhart, In re

Ruling
Trustee's objection overruled where debtors' "special circumstances" deductions werereasonable and necessary. (Bankr. N.D. Tex.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse;

ABI Membership is required to access the full summary of Everhart, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on September 17, 2019 , LexisNexis #1119-014

Beard, In re

Ruling
Trustee's motion to dismiss granted where debtor had the ability to pay her creditors. (Bankr.E.D. Ark.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse;

ABI Membership is required to access the full summary of Beard, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on September 04, 2019 , LexisNexis #1119-013

Traylor, In re

Ruling
Confirmation of chapter 13 plan was denied as debtors were not permitted to claim a vehicle ownership deduction on their means test for a high-interest non-purchase money title loan. (Bankr. D. Utah)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse; Presumption of Abuse; When Presumption Applies.

ABI Membership is required to access the full summary of Traylor, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on January 10, 2019 , LexisNexis #0219-041

Plichta, In re

Ruling
Dismissal was not warranted as neither the means test nor the totality of the circumstancesgave rise to a presumption of abuse. (Bankr. N.D. Ill.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse; Presumption of Abuse.

ABI Membership is required to access the full summary of Plichta, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on September 05, 2018 , LexisNexis #1018-080