Legal Opinion
Stapleton v. Walker (In Re Walker)
United States Bankruptcy Court, M.D. Pennsylvania
Decided February 4, 2008No. 5-07-bk-50233 RNOPublishedCited by 9 opinions
1Opinion of the Court
OPINION 1
ROBERT N. OPEL, II, Bankruptcy Judge.
This case presents the following question: considering the totality of the circumstances, is it an abuse of chapter 7 where the debtor has no disposable income as determined under the means test but where her Schedule I — Current Income of Individual Debtor(s) exceeds her Schedule J — Current Expenditures of Individual Debtor(s)? The Court answers the question in the negative and does not find abuse in this case.
Jurisdiction
The Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 1334 and 157(a), (b)(1). This is a core proceeding under…
2Cases cited15 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
- United States v. VonnSupreme Court of the United States · 2002
- Hartford Underwriters Insurance v. Union Planters Bank, N. A.Supreme Court of the United States · 2000
- Barnhart v. Peabody Coal Co.Supreme Court of the United States · 2003
10 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- In Re CribbsUnited States Bankruptcy Court, S.D. Georgia · 2008
- Robert Alan Witcher v. Valery W. Early, IIICourt of Appeals for the Eleventh Circuit · 2012
- In Re TalleyUnited States Bankruptcy Court, W.D. Washington · 2008
- In Re LamugUnited States Bankruptcy Court, N.D. California · 2009
- In Re MaiorinoUnited States Bankruptcy Court, D. Massachusetts · 2010
4 more not listed; retrieve them via the Exa API.