Legal Opinion
McDow v. Dudley (In Re Dudley)
United States Bankruptcy Court, W.D. Virginia
Decided June 17, 2009No. 19-70124PublishedCited by 20 opinions
1Opinion of the Court
DECISION AND ORDER
ROSS W. KRUMM, Bankruptcy Judge.
The matter before the Court is the Motion for Summary Judgment filed by David V. Dudley and Anne M. Dudley (the “Debtors”) in response to the United States Trustee’s Motion to Dismiss their Chapter 7 case pursuant to 11 U.S.C. § 707(b)(1). The U.S. Trustee seeks dismissal of the Debtors’ Chapter 7 case for abuse and alleges that the presumption of abuse arises under 11 U.S.C. § 707(b)(2). The Debtors argue that 11 U.S.C. § 707(b) does not apply to cases converted to Chapter 7 from another chapter of the Bankruptcy Code and move for summary…
2Cases cited26 opinions
- Connecticut National Bank v. GermainSupreme Court of the United States · 1992
- Barnhart v. ThomasSupreme Court of the United States · 2003
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
- Marrama v. Citizens Bank of Mass.Supreme Court of the United States · 2007
- Powerex Corp. v. Reliant Energy Services, Inc.Supreme Court of the United States · 2007
21 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- McDow v. DudleyCourt of Appeals for the Fourth Circuit · 2011
- Fokkena v. Chapman (In Re Chapman)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2011
- In re LaytonUnited States Bankruptcy Court, M.D. Florida · 2012
- In re DavisUnited States Bankruptcy Court, S.D. Georgia · 2013
- In re KruseUnited States Bankruptcy Court, W.D. Wisconsin · 2016
15 more not listed; retrieve them via the Exa API.