Legal Opinion

In Re Morrison

United States Bankruptcy Court, M.D. North Carolina

Decided January 10, 2011No. 19-50120PublishedCited by 10 opinions

1Opinion of the Court

MEMORANDUM OPINION

THOMAS W. WALDREP, JR., Bankruptcy Judge.

On May 28, 2010, the United States Bankruptcy Administrator (the “BA”) filed a motion seeking to have this case dismissed pursuant to Section 707(b)(1) and (b)(3) of the Bankruptcy Code on the grounds that the case constitutes an abuse of the provisions of Chapter 7 based upon bad faith or the totality of the circumstances of the Debtor’s financial situation. On September 24, 2010, both the BA and the above-referenced debtor (the “Debt- or”) filed a Motion for Summary Judgment, solely on the issue of the household size of the Debtor.…

2Cases cited19 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
  4. Lamie v. United States TrusteeSupreme Court of the United States · 2004
  5. Shaw v. StroudCourt of Appeals for the Fourth Circuit · 1994

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3Cited by10 opinions

  1. Tanya Johnson v. William ZimmerCourt of Appeals for the Fourth Circuit · 2012
  2. In Re RobinsonUnited States Bankruptcy Court, E.D. Virginia · 2011
  3. In re SkilesUnited States Bankruptcy Court, N.D. Ohio · 2014
  4. Fraleigh v. Fraleigh (In re Fraleigh)United States Bankruptcy Court, S.D. New York · 2012
  5. In re FordUnited States Bankruptcy Court, D. Idaho · 2014

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