Legal Opinion
Moutousis v. United States Trustee
District Court, E.D. Michigan
Decided September 28, 2009No. Bankruptcy 8-50700; 2:08-cv-14268PublishedCited by 4 opinions
1Opinion of the Court
ORDER REVERSING ORDER OF BANKRUPTCY COURT DISMISSING PETITION AND REMANDING FOR EVIDENTIARY HEARING
STEPHEN J. MURPHY, III, District Judge.
This is an appeal of the final order of the bankruptcy court dismissing the debtors’ voluntary Chapter 7 petition. For the reasons stated below, this Court reverses the order dismissing the petition and remands to the bankruptcy court for an evidentiary hearing on whether the petition should have been dismissed because the filing of the petition is an abuse of the provisions of Chapter 7 under 11 U.S.C. § 707(b)(3) and the totality of the debtors’ financial…
2Cases cited7 opinions
- In Re Charles Ellsworth Krohn AKA Charles E. Krohn, Appellant/debtorCourt of Appeals for the Sixth Circuit · 1989
- In Re William M. Behlke and Dina E. Behlke, Debtors, William M. Behlke and Dina E. Behlke v. Saul Eisen, United States TrusteeCourt of Appeals for the Sixth Circuit · 2004
- In Re CribbsUnited States Bankruptcy Court, S.D. Georgia · 2008
- Harris v. United States Trustee (In Re Harris)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
- In Re BeckermanUnited States Bankruptcy Court, E.D. Michigan · 2008
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- In Re FitzgeraldUnited States Bankruptcy Court, D. Connecticut · 2009
- In re JaramilloUnited States Bankruptcy Court, D. New Mexico · 2015
- In re HeathUnited States Bankruptcy Court, D. Colorado · 2016
- Wayne D. Meehean and Reda L. MeeheanUnited States Bankruptcy Court, E.D. Michigan · 2020