In re Perrotta

Discovery by United States Trustee not necessary prior to filing motion to dismiss for presumption of abuse.
Procedural posture: 
The debtor moved for confirmation of her proposed chapter 13 plan. The creditor which held a security interest in the debtor's vehicle filed an objection as well as a motion for relief from the automatic stay or for adequate protection. The creditor contended that the debtor improperly bifurcated its secured claim in contravention of the unnumbered, hanging paragraph following 11 U.S.C. § 1325(a)(9).
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Consumer case opionion summary, case decided on November 07,2007, LexisNexis #1207-050