§ 707(b)(3)

Sepielli, In re

Ruling: 
Motion to dismiss student loan debt was granted as debtors were able to pay thirty percent totheir non-student loan unsecured creditors in Chapter 13 plan. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on September 08,2020, LexisNexis #1020-065

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

Ruling: 
Debtors' motion to reconsider dismissal denied as their belated attempt to supplement therecord lacked merit and signaled bad faith. (Bankr. W.D. Pa.)
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Consumer case opionion summary, case decided on January 29,2020, LexisNexis #0320-038

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.)
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Consumer case opionion summary, case decided on January 27,2020, LexisNexis #0320-018

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.)
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Consumer case opionion summary, case decided on September 30,2019, LexisNexis #1219-018

Dotson, In re

Ruling: 
Debtors' chapter 7 petition should be dismissed where court determined that debtors choseto finance excessive spending beyond their means and had the ability to fund a chapter 13plan. (Bankr. N.D. W. Va.)
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Consumer case opionion summary, case decided on August 23,2018, LexisNexis #1018-022

Dotson, In re

Ruling: 
Debtors' chapter 7 petition should be dismissed where court determined that debtors choseto finance excessive spending beyond their means and had the ability to fund a chapter 13plan. (Bankr. N.D. W. Va.)
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Consumer case opionion summary, case decided on August 23,2018, LexisNexis #1018-022

Smith, In re

Ruling: 
Debtors' total financial situation as a measure of ability to pay, and bad faith were separateand sufficient grounds for dismissal. (Bankr. W.D. Okla.)
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Consumer case opionion summary, case decided on May 30,2018, LexisNexis #0718-021

Stackhouse, In re

Ruling: 
Court ruled that there were grounds for dismissal of debtors' chapter 7 case as they were making discretionary payments they could have used to pay unsecured debts. (Bankr. S.D. Ohio)
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Consumer case opionion summary, case decided on March 06,2018, LexisNexis #0518-052

Equere, In re

Ruling: 
Court denied U.S. trustee's motion to dismiss debtor's case as debtor's 401(k) repayments were not disposable income and thus was not an abuse. (Bankr. E.D. Mich.)
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Consumer case opionion summary, case decided on April 02,2018, LexisNexis #0518-051

In re Smith

Ruling: 
Motion to dismiss debtors' chapter 7 case was granted as the totality of the circumstances oftheir financial situation showed that their case was an abuse of chapter 7. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on December 27,2016, LexisNexis #0217-015

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