Legal Opinion

In re Burgher

United States Bankruptcy Court, D. Colorado

Decided October 28, 2015No. Case No. 12-14410-SBBPublishedCited by 3 opinions

1Opinion of the Court

ORDER GRANTING MOTION TO DISMISS CHAPTER 7 CASE PURSUANT TO 11 U.S.C. § 707(b)(1) BASED ON PRESUMPTION OP ABUSE ARISING UNDER 11 U.S.C. § 707(b)(2), OR, IN THE ALTERNATIVE, BASED ON A FINDING OF ABUSE UNDER 11 U.S.C. § 707(b)(3)

Sidney B. Brooks, United States Bankruptcy Judge

THIS MATTER is before the Court following Eugene Duane and Theresa Lynn Burgher’s (“Debtors”) voluntary conversion of their case from Chapter 13 to Chapter 7. The United States Trustee (“UST”) has filed a Motion to Dismiss the Debtors’ case under Chapter 7 pursuant to 11 U.S.C. § 707(b)(1)1 for presumption of abuse under…

2Cases cited16 opinions

  1. Barnhart v. ThomasSupreme Court of the United States · 2003
  2. Marrama v. Citizens Bank of Mass.Supreme Court of the United States · 2007
  3. Ransom v. FIA Card Services, N. A.Supreme Court of the United States · 2011
  4. In Re HeneburyUnited States Bankruptcy Court, S.D. Florida. · 2007
  5. In Re PerfettoUnited States Bankruptcy Court, D. Rhode Island · 2007

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3Cited by3 opinions

  1. In re SinischoUnited States Bankruptcy Court, D. Colorado · 2016
  2. In re McKayUnited States Bankruptcy Court, W.D. Oklahoma · 2016
  3. Osvaldo AmaroUnited States Bankruptcy Court, N.D. Illinois · 2020

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