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Lynch v. Haenke

Appellant Bankruptcy Administrator challenged a decision of the United States Bankruptcy Court for the Eastern District of North Carolina, which denied her motion to dismiss appellee Chapter 7 debtor's case for abuse pursuant to 11 U.S.C.S. § 707(b).
Ruling: 
Debtor properly included contractually due mortgage payment on Form B22A even though debtor had stopped making payments.
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Consumer case opionion summary, case decided on September 30,2008, LexisNexis #1008-121

Lynch v. Parrish

Appellant, a bankruptcy administrator, sought review of a decision of the United States Bankruptcy Court for the Eastern District of North Carolina, which denied the administrator's motion to dismiss the petition filed by appellee debtor. The administrator contended that dismissal was warranted under the means test of 11 U.S.C.S. § 707(b).
Ruling: 
Bankruptcy court properly denied administrator's motion for abuse dismissal where debtor's means test calculation was proper.
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Consumer case opionion summary, case decided on February 14,2008, LexisNexis #0308-085