Legal Opinion
Walton v. Smith (In Re Smith)
United States Bankruptcy Court, S.D. Georgia
Decided August 26, 1997No. 18-41458PublishedCited by 14 opinions
1Opinion of the Court
ORDER
JOHN S. DALIS, Chief Judge.
Dennis and Vicki Smith filed this case under Chapter 7 of Title 11, United States Code. The United States Trustee (hereinafter “Trustee”) moves to dismiss the case, alleging that the Debtors filed the petition in bad faith and that the filing constitutes a substantial abuse of the bankruptcy provisions. The motion is granted.
The Debtors are both self employed real estate agents. Schedule of Debtor’s petition list gross monthly income from the operation of their business of $9,600.00, less business expenses of $5,403.00, for net monthly before tax income of…
2Cases cited4 opinions
- In Re David G. Zick, Debtor. Industrial Insurance Services, Inc. v. David G. ZickCourt of Appeals for the Sixth Circuit · 1991
- In Re Sky Group International, Inc.United States Bankruptcy Court, W.D. Pennsylvania · 1989
- In Re HammondsUnited States Bankruptcy Court, D. Colorado · 1992
- First Trust Co. v. Frisch (In Re Frisch)United States Bankruptcy Court, D. Colorado · 1987
3Cited by14 opinions
- In Re: Danny Padilla, Debtor. William T. Neary, United States Trustee for Region 16 v. Danny PadillaCourt of Appeals for the Ninth Circuit · 2000
- In Re HoranDistrict Court, D. Connecticut · 2004
- In Re EngskowUnited States Bankruptcy Court, M.D. Florida · 2000
- Turner v. Johnson (In Re Johnson)United States Bankruptcy Court, N.D. Georgia · 2005
- In re HardiganUnited States Bankruptcy Court, S.D. Georgia · 2013
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