Khachikyan v. Hahn (In Re Khachikyan)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
KLEIN, Bankruptcy Judge.
The question is whether the dismissal of a bankruptcy case pursuant to 11 U.S.C. § 707(b) as a “substantial abuse” of chapter 7 was erroneous because the United States trustee did not prove there was a nexus between alleged credit card abuse that occurred seventeen months prebank-ruptcy and the filing of bankruptcy by one who is unable to fund a chapter 13 plan. Assuming, without deciding, that incurring potentially nondischargeable debt can be the basis of “substantial abuse,” and rejecting the debtor’s contention that the “contested matter” procedure of…
2Cases cited9 opinions
- Robin Orr v. Bank of America, Nt & SaCourt of Appeals for the Ninth Circuit · 2002
- Zolg v. Kelly (In re Kelly)Court of Appeals for the Ninth Circuit · 1988
- In Re Thomas W. Price, Debtor, Thomas W. Price v. United States TrusteeCourt of Appeals for the Ninth Circuit · 2004
- Ho v. Dowell (In Re Ho)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
- GMAC Mortgage Corp. v. Salisbury (In Re Loloee)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1999
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3Cited by26 opinions
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- In re: Ian Nehemiah Gray and Cynthia Jackson GrayUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2014
- Berry v. United States Trustee (In Re Sustaita)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2010
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