Legal Opinion
In re Johnson
United States Bankruptcy Court, N.D. Indiana
Decided December 12, 2013No. 13-40162PublishedCited by 6 opinions
1Opinion of the Court
DECISION ON MOTION TO DISMISS
ROBERT E. GRANT, Chief Judge.
When it revised the Bankruptcy Code in 2005, Congress made significant changes to § 707(b) concerning the dismissal of a consumer debtor’s chapter 7 case. See, 11 U.S.C. § 707(b)(l)-(6). Among other things: it eliminated the presumption in *449favor of granting relief and reduced the standard for dismissal from “substantial abuse” to simply “an abuse,” 11 U.S.C. § 707(b)(1); it then quantified the concept of “abuse” by creating a presumption that a case is abusive if the debtor’s ability to pay meets a certain threshold, 11 U.S.C. §…
2Cases cited21 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Connecticut National Bank v. GermainSupreme Court of the United States · 1992
- Consumer Product Safety Commission v. GTE Sylvania, Inc.Supreme Court of the United States · 1980
- Ransom v. FIA Card Services, N. A.Supreme Court of the United States · 2011
- Hamilton v. LanningSupreme Court of the United States · 2010
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3Cited by6 opinions
- In re FishelUnited States Bankruptcy Court, W.D. Wisconsin · 2018
- In re PlichtaUnited States Bankruptcy Court, N.D. Illinois · 2018
- In re HamiltonUnited States Bankruptcy Court, M.D. North Carolina · 2014
- In re PowersUnited States Bankruptcy Court, N.D. Florida · 2015
- In re: Adam Scott EakinsUnited States Bankruptcy Court, N.D. Illinois · 2026
1 more not listed; retrieve them via the Exa API.