Deangelis v. Schwenk (In Re Schwenk)

OPINION

MARY D. FRANCE, Bankruptcy Judge.

Before me is the motion of the United States Trustee (“UST”) to dismiss the chapter 7 bankruptcy case of Edward and Ro Schwenk (“Debtors”). Invoking 11 U.S.C. § 707(b)(3) as amended by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Pub.L. No. 109-8 (“BAPCPA”), the UST alleges that this case should be dismissed because it was filed in bad faith and because under the totality of the circumstances, the filing is an abuse of chapter 7. For the reasons set forth below, the UST’s motion will be granted.

Procedural History

Debtors filed…