Legal Opinion
Morse v. Rudler (In Re Rudler)
Bankruptcy Appellate Panel of the First Circuit
Decided May 23, 2008No. BAP Nos. 07-015, 07-019. Bankruptcy Nos. 06-10982-MWV, 06-10809-MWVPublishedCited by 20 opinions
1Opinion of the Court
INTRODUCTION
VOTOLATO, Bankruptcy Judge.
The issue presented in this appeal is— when calculating “means test” eligibility, is it permissible to deduct payments due to secured creditors to whom the debtor intends to surrender the secured property? The United States Trustee (the “UST”) disagrees with the conclusion of the United States Bankruptcy Court for the District of New Hampshire (“bankruptcy court”) denying the UST’s motions to dismiss the captioned cases for abuse under § 707(b)(1). 1 Before the bankruptcy court and on appeal, the UST asserts that payments due on collateral that the…
2Cases cited24 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Caminetti v. United StatesSupreme Court of the United States · 1917
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
- Griffin v. Oceanic Contractors, Inc.Supreme Court of the United States · 1982
- Hartford Underwriters Insurance v. Union Planters Bank, N. A.Supreme Court of the United States · 2000
19 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- In Re QuigleyUnited States Bankruptcy Court, N.D. West Virginia · 2008
- In Re RiversUnited States Bankruptcy Court, M.D. Florida · 2012
- In Re RalstonUnited States Bankruptcy Court, M.D. Florida · 2009
- In Re ScottUnited States Bankruptcy Court, S.D. Illinois · 2011
- In Re BurbankUnited States Bankruptcy Court, D. Rhode Island · 2009
15 more not listed; retrieve them via the Exa API.