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In re Perrotta

The United States Trustee ("UST") moved to dismiss the debtor's chapter 7 case pursuant to 11 U.S.C. § 707(b)(2) or (b)(3). The debtor filed an objection.
Ruling: 
Dismissal for presumption of abuse denied due to United States Trustee's failure to meet deadlines.
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Consumer case opionion summary, case decided on November 21,2007, LexisNexis #1207-081

In re Perrotta

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).
Ruling: 
Discovery by United States Trustee not necessary prior to filing motion to dismiss for presumption of abuse.
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Consumer case opionion summary, case decided on November 07,2007, LexisNexis #1207-050

In re Jones

A chapter 13 trustee objected to the confirmation of an above median debtor's plan on that the grounds that 11 U.S.C. § 1325(b)(2) and (b)(3) precluded confirmation when the plan payments were less than the debtor's monthly disposable income.
Ruling: 
Plan payments less than monthly disposable income allowed where all unsecured claims would be paid in full.
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In re Stickney

The debtor filed a voluntary petition under chapter 7 and an application, pursuant to 28 U.S.C. § 1930(f)(1), for waiver of the chapter 7 filing fee. Two months after the court granted the debtor's application for waiver of the filing fee, the trustee in bankruptcy filed a motion to vacate the court's order.
Ruling: 
Debtor who could afford to pay filing fee in monthly installments was not entitled to waiver.
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In re Harwick

The United States Trustee filed a motion to dismiss chapter 7 debtors'case pursuant to 11 U.S.C. § 707(b)(2).
Ruling: 
Means test for above median debtors is to be applied to circumstances on petition date and not to possible postpetition developments.
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Michaud v. Alblitt & Carulo PC (In re Michaud)

Plaintiff debtor filed a complaint against defendant, agent for a creditor, seeking damages under 11 U.S.C. § 362(h) for defendant's alleged violations of the automatic stay.
Ruling: 
Post-confirmation postponement of foreclosure sale while debtor's plan payments were current and no motion for relief from stay was pending violated stay.
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Cunha v. Alblitt & Caruolo PC (In re Cunha)

Plaintiff debtor filed a complaint against defendant, an agent for a creditor, seeking damages under 11 U.S.C. § 362(h) for defendant's alleged violations of the automatic stay.
Ruling: 
Postponement of foreclosure sale to maintain status quo did not violate stay.
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