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Legal Opinion

In Re Nockerts

United States Bankruptcy Court, E.D. Wisconsin

Decided December 14, 2006No. 06-24480PublishedCited by 80 opinions

1Opinion of the Court

MEMORANDUM DECISION ON MOTION TO DISMISS

SUSAN V. KELLEY, Bankruptcy Judge.

The U.S. Trustee has moved to dismiss this case based on a presumption of abuse under Bankruptcy Code § 707(b)(2) or as an abuse under § 707(b)(3). This chapter 7 case was filed on August 15, 2006, and is governed by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA). The parties have stipulated to most of the facts.

The Debtors are “above-median” debtors; their annualized current monthly income is $82,131, which exceeds the Wisconsin median of $60,106 for a family of three. Accordingly, in…

2Cases cited15 opinions

  1. Moskal v. United StatesSupreme Court of the United States · 1990
  2. Gozlon-Peretz v. United StatesSupreme Court of the United States · 1991
  3. Philbrook v. GlodgettSupreme Court of the United States · 1975
  4. In Re Walter Green, Debtor. Walter Green v. A. Gray Staples, Jr., Assistant United States TrusteeCourt of Appeals for the Fourth Circuit · 1991
  5. In Re HardacreUnited States Bankruptcy Court, N.D. Texas · 2006

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3Cited by80 opinions

  1. In Re RandleUnited States Bankruptcy Court, N.D. Illinois · 2006
  2. In Re SorrellUnited States Bankruptcy Court, S.D. Ohio · 2007
  3. In Re HeneburyUnited States Bankruptcy Court, S.D. Florida. · 2007
  4. In Re McGillisUnited States Bankruptcy Court, W.D. Michigan · 2007
  5. In Re HaarUnited States Bankruptcy Court, N.D. Ohio · 2007

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