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Legal Opinion

In Re Miller

United States Bankruptcy Court, E.D. Pennsylvania

Decided December 19, 2005No. 14-18187PublishedCited by 12 opinions

1Opinion of the Court

Opinion

STEPHEN RASLAVICH, Bankruptcy Judge.

Introduction

The United States Trustee has filed a motion to dismiss this case under § 707(b). The Debtor opposes the motion. A hearing on this matter was held on November 15, 2005 after which the matter was taken under advisement. For the reasons set forth below the Motion will be granted.

Applicable Law

Former Bankruptcy Code § 707 provides:

[T]he court may ... dismiss a case filed by an individual debtor under this chapter whose debts are primarily consumer debts if it finds that the granting of relief would be a substantial abuse of the provisions of…

2Cases cited31 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. In Re Charles Ellsworth Krohn AKA Charles E. Krohn, Appellant/debtorCourt of Appeals for the Sixth Circuit · 1989
  3. James R. Philbin, Jr. v. Trans Union Corporation Trw Credentials James Philbin, Jr.Court of Appeals for the Third Circuit · 1996
  4. In Re Ronald Carlester WaltonCourt of Appeals for the Eighth Circuit · 1989
  5. Toby D. Nelson v. Chase Manhattan Mortgage Corp.Court of Appeals for the Ninth Circuit · 2002

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

3Cited by12 opinions

  1. In Re LentonUnited States Bankruptcy Court, E.D. Pennsylvania · 2006
  2. In Re GlunkUnited States Bankruptcy Court, E.D. Pennsylvania · 2006
  3. In Re CrinkUnited States Bankruptcy Court, M.D. North Carolina · 2009
  4. In Re HornungUnited States Bankruptcy Court, M.D. North Carolina · 2010
  5. Serrano v. Sterling Testing Systems, Inc.District Court, E.D. Pennsylvania · 2008

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

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