Legal Opinion

In Re Ricci

United States Bankruptcy Court, M.D. Florida

Decided September 30, 2009No. 6:09-bk-00914-ABBPublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM OPINION

ARTHUR B. BRISKMAN, Bankruptcy Judge.

This matter came before the Court on the Motion to Dismiss (Doc. No. 40) filed by Donald F. Walton, the United States Trustee for Region 21 (“UST”), seeking dismissal of this case pursuant to 11 U.S.C. Sections 707(b)(1), 707(b)(3)(A), and 707(b)(3)(B). A final evidentiary hearing was held on July 22, 2009 at which the Debtors Paul G. Ricci (“Mr. Ricci”) and Charisse E. Ricci (“Mrs. Ricci”) (collective ly, “Debtors”), their counsel, and counsel for the UST appeared.

Granting the Debtors relief would be an abuse of the Chapter 7 provisions.…

2Cases cited18 opinions

  1. Marrama v. Citizens Bank of Mass.Supreme Court of the United States · 2007
  2. United States v. KrasSupreme Court of the United States · 1973
  3. Albany Partners, Ltd. v. Westbrook (In Re Albany Partners, Ltd.)Court of Appeals for the Eleventh Circuit · 1984
  4. In Re Charles Ellsworth Krohn AKA Charles E. Krohn, Appellant/debtorCourt of Appeals for the Sixth Circuit · 1989
  5. In Re Edward J. Waldron, Debtors, Shell Oil Company, Cross-Appellee v. Edward J. Waldron and Elizabeth M. Waldron, His Wife, Cross-AppellantsCourt of Appeals for the Eleventh Circuit · 1986

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3Cited by7 opinions

  1. In re CroftUnited States Bankruptcy Court, W.D. Texas · 2015
  2. In re FoxUnited States Bankruptcy Court, D. Maryland · 2014
  3. In RE McKAYUnited States Bankruptcy Court, S.D. Georgia · 2010
  4. In Re HibbardUnited States Bankruptcy Court, S.D. Georgia · 2009
  5. In re WierzbickiUnited States Bankruptcy Court, M.D. Florida · 2014

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