Legal Opinion

In re Jackson

United States Bankruptcy Court, E.D. North Carolina

Decided September 10, 2015No. CASE NO. 15-01915-5-SWHPublishedCited by 5 opinions

1Opinion of the Court

ORDER DENYING MOTION TO DISMISS

Stephani W. Humrickhouse, United States Bankruptcy Judge

The matter before the court is the Bankruptcy Administrator’s motion to dismiss this chapter 7 case for abuse pursuant to 11 U.S.C. § 707(b)(1), which turns on two competing interpretations of § 707(b)(2) and Official Form 22A-2, and the propriety of the debtors’ means test deductions on Lines 9 and 13 of that form. The Bankruptcy Administrator (“BA”) argues that the debtors may deduct only then-actual housing and vehicle expenses or the applicable National or Local Standards, whichever is less. Under this…

2Cases cited14 opinions

  1. Ransom v. FIA Card Services, N. A.Supreme Court of the United States · 2011
  2. In Re BriscoeDistrict Court, District of Columbia · 2007
  3. Tanya Johnson v. William ZimmerCourt of Appeals for the Fourth Circuit · 2012
  4. Musselman v. eCast Settlement Corp. (In Re Musselman)District Court, E.D. North Carolina · 2008
  5. In Re ScottUnited States Bankruptcy Court, S.D. Illinois · 2011

9 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Marjorie Lynch v. Gabriel JacksonCourt of Appeals for the Fourth Circuit · 2017
  2. In re LopezUnited States Bankruptcy Court, E.D. California · 2017
  3. In re BrownUnited States Bankruptcy Court, E.D. North Carolina · 2016
  4. Marjorie Lynch v. Gabriel JacksonCourt of Appeals for the Fourth Circuit · 2017
  5. Robert Burns Cook, Jr. and Cheryl Lott CookUnited States Bankruptcy Court, E.D. North Carolina · 2022

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