Legal Opinion

In Re Wilkes

United States Bankruptcy Court, W.D. Tennessee

Decided October 3, 1989No. 19-21753PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER ON MOTION OF U.S. TRUSTEE TO DISMISS CASE UNDER § 707(b)

WILLIAM H. BROWN, Bankruptcy Judge.

This cause is before the Court on the motion of the U.S. Trustee to dismiss the debtor’s Chapter 7 petition pursuant to § 707(b) of the Bankruptcy Code. According to the U.S. Trustee, the debtor has what appear to be primarily consumer debts and is seeking Chapter 7 relief where there are indications of an ability to pay a substantial portion of claims. Therefore, at issue in this proceeding is whether the nature of the debtor’s debts, combined with the apparent existence of…

2Cases cited14 opinions

  1. Jacobellis v. OhioSupreme Court of the United States · 1964
  2. American Power & Light Co. v. Securities & Exchange CommissionSupreme Court of the United States · 1946
  3. In Re Charles Ellsworth Krohn AKA Charles E. Krohn, Appellant/debtorCourt of Appeals for the Sixth Circuit · 1989
  4. In Re GrantUnited States Bankruptcy Court, N.D. Ohio · 1985
  5. In Re EdwardsUnited States Bankruptcy Court, S.D. New York · 1985

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3Cited by6 opinions

  1. Stewart v. United States Trustee (In Re Stewart)Court of Appeals for the Tenth Circuit · 1999
  2. In Re AttanasioUnited States Bankruptcy Court, N.D. Alabama · 1998
  3. Stewart v. United States Trustee (In Re Stewart)Bankruptcy Appellate Panel of the Tenth Circuit · 1997
  4. In Re BarnesUnited States Bankruptcy Court, W.D. Tennessee · 1993
  5. In Re ScheinbergUnited States Bankruptcy Court, D. Kansas · 1991

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