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Legal Opinion

In Re Maya

United States Bankruptcy Court, S.D. California

Decided August 14, 2007No. 19-00409PublishedCited by 14 opinions

1Opinion of the Court

AMENDED ORDER ON MOTION OF UNITED STATES TRUSTEE TO DISMISS

PETER W. BOWIE, Chief Judge.

The United States Trustee has moved to dismiss this case under both subsections (b)(2) and (b)(3)(B) of 11 U.S.C. § 707. At the center of the motion is whether debtors can include in their “Means Test” calculation payments they would otherwise owe on property they intend to surrender. The United States Trustee says they should not be able to claim those sums as expenses, and if they cannot then a “presumption of abuse” under § 707(b)(2) arises. Alternatively, the United States Trustee urges the case should…

2Cases cited14 opinions

  1. In Re NockertsUnited States Bankruptcy Court, E.D. Wisconsin · 2006
  2. In Re HarrisUnited States Bankruptcy Court, E.D. Oklahoma · 2006
  3. In Re Skaggs, Richard & ConnieUnited States Bankruptcy Court, E.D. Missouri · 2006
  4. In Re HeneburyUnited States Bankruptcy Court, S.D. Florida. · 2007
  5. In Re PakUnited States Bankruptcy Court, N.D. California · 2006

9 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. In Re WalkerUnited States Bankruptcy Court, N.D. Georgia · 2008
  2. In Re GobleUnited States Bankruptcy Court, S.D. Ohio · 2009
  3. In Re PerelmanUnited States Bankruptcy Court, E.D. New York · 2009
  4. In Re ColemanUnited States Bankruptcy Court, W.D. Arkansas · 2008
  5. In Re GrinkmeyerUnited States Bankruptcy Court, S.D. Indiana · 2011

9 more not listed; retrieve them via the Exa API.

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