In Re Stampley

Corrected Order Granting U.S. Trustee’s Motion to Dismiss Under 11 U.S.C. § 707(b)

STEVEN RHODES, Bankruptcy Judge.

I

The United States Trustee has filed a motion to dismiss this case for abuse under 11 U.S.C. § 707(b). The debtor filed a response in opposition to the motion. For the reasons stated below, the motion is granted.

Where debts are primarily consumer debts, as in this case, the court may, after notice and a hearing, dismiss a Chapter 7 petition “if it finds that the granting of relief would be an abuse of the provisions of [Chapter 7].” 11 U.S.C. § 707(b)(1). Under § 707(b)(3), in…