Legal Opinion
In Re Higuera
United States Bankruptcy Court, W.D. Oklahoma
Decided August 13, 1996No. 19-10080PublishedCited by 7 opinions
1Opinion of the Court
MEMORANDUM OF DECISION AND ORDER DENYING THE UNITED STATES TRUSTEE'S MOTION TO DISMISS
RICHARD L. BOHANON, Bankruptcy Judge.
The United States Trustee has moved to dismiss the debtor’s petition under section 707(b) of the Bankruptcy Code which provides that the court must dismiss a chapter 7 petition if it finds the debts are “primarily consumer debts” and that “the granting of relief would be a substantial abuse of the provisions” of Chapter 7. (Emphasis supplied). The parties do not dispute that this is a consumer case. The only issue is whether substantial abuse exists, and I conclude it…
2Cases cited19 opinions
- In Re Charles Ellsworth Krohn AKA Charles E. Krohn, Appellant/debtorCourt of Appeals for the Sixth Circuit · 1989
- In Re Walter Green, Debtor. Walter Green v. A. Gray Staples, Jr., Assistant United States TrusteeCourt of Appeals for the Fourth Circuit · 1991
- In Re Ronald Carlester WaltonCourt of Appeals for the Eighth Circuit · 1989
- In the Matter of Donald J. Booth and Carolyn B. Booth, Debtors. Donald J. Booth and Carolyn B. BoothCourt of Appeals for the Fifth Circuit · 1988
- United States Trustee v. Ronald Moses Harris and Rhonda Joann HarrisCourt of Appeals for the Eighth Circuit · 1992
14 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- United States Trustee v. Duncan (In Re Duncan)United States Bankruptcy Court, W.D. Pennsylvania · 1996
- In Re CohenUnited States Bankruptcy Court, D. Colorado · 2000
- In Re AdamsUnited States Bankruptcy Court, M.D. Tennessee · 1997
- In Re HilmesDistrict Court, N.D. Texas · 2010
- United States Trustee v. Harshaw (In Re Harshaw)United States Bankruptcy Court, W.D. Pennsylvania · 2006
2 more not listed; retrieve them via the Exa API.