DeAngelis v. Lanza (In Re Lanza)

OPINION

MARY D. FRANCE, Chief Judge.

The United States Trustee (the “UST”) requests dismissal of the bankruptcy peti tion of John M. and Susan P. Lanza (“Debtors”) alleging that, given the totality of their financial circumstances, their petition is an abuse of Chapter 7. Debtors assert in response that because their income is below the state median for a four-person household, their case may not be dismissed under § 707(b)(3) simply because they have the ability to repay their creditors. At a hearing on November 22, 2010, the parties argued their positions on the legal issues. The Court…