Legal Opinion

In re Norenberg

United States Bankruptcy Court, D. Montana

Decided July 21, 2016No. Case No. 15-61171-7Published

1Opinion of the Court

MEMORANDUM OF DECISION

Honorable Ralph B. Kirscher, Chief U.S. Bankruptcy Judge

At Butte in said District this 21st day of July, 2016.

In this Chapter 7 case creditor Elska, Inc. (“Elska”) filed a Motion to Dismiss for abuse under 11 U.S.C. § 707(b) on April 15, 2016, on the grounds that erroneous statements regarding Debtor’s non-filing spouse’s income and expenses on Debtor’s Forms 122A-1 and 122A-2 (Chapter 7 Means Test Calculation) resulted in an erroneous determination by Debtor.that the presumption of abuse under § 707(b) does not arise. Debtor Clint A. Noren-berg (“Clint” or “Debtor”)…

2Cases cited12 opinions

  1. Lamie v. United States TrusteeSupreme Court of the United States · 2004
  2. Golden State Bottling Co. v. National Labor Relations BoardSupreme Court of the United States · 1973
  3. Hamilton v. LanningSupreme Court of the United States · 2010
  4. In Re: Danny Padilla, Debtor. William T. Neary, United States Trustee for Region 16 v. Danny PadillaCourt of Appeals for the Ninth Circuit · 2000
  5. Blausey v. U.S. TrusteeCourt of Appeals for the Ninth Circuit · 2009

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