In Re Wilkes
United States Bankruptcy Court, W.D. Tennessee
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
- Jacobellis v. OhioSupreme Court of the United States · 1964
- American Power & Light Co. v. Securities & Exchange CommissionSupreme Court of the United States · 1946
- In Re Charles Ellsworth Krohn AKA Charles E. Krohn, Appellant/debtorCourt of Appeals for the Sixth Circuit · 1989
- In Re GrantUnited States Bankruptcy Court, N.D. Ohio · 1985
- In Re EdwardsUnited States Bankruptcy Court, S.D. New York · 1985
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3Cited by6 opinions
- Stewart v. United States Trustee (In Re Stewart)Court of Appeals for the Tenth Circuit · 1999
- In Re AttanasioUnited States Bankruptcy Court, N.D. Alabama · 1998
- Stewart v. United States Trustee (In Re Stewart)Bankruptcy Appellate Panel of the Tenth Circuit · 1997
- In Re BarnesUnited States Bankruptcy Court, W.D. Tennessee · 1993
- In Re ScheinbergUnited States Bankruptcy Court, D. Kansas · 1991
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