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Legal Opinion

In Re Willis

United States Bankruptcy Court, W.D. Missouri

Decided June 2, 2009No. 18-61383PublishedCited by 11 opinions

1Opinion of the Court

MEMORANDUM OPINION

JERRY W. VENTERS, Bankruptcy Judge.

The United States Trustee’s motion to dismiss now before the Court presents two issues. The first, threshold issue is whether 11 U.S.C. § 707(b)(2) applies to cases converted from Chapter 13. In other words, can a case be dismissed as an abuse of Chapter 7 based on an application of the “means test” if the case was originally filed under Chapter 13? The second issue (which the Court reaches because it answers the first issue in the affirmative) is whether the Debtor has rebutted the presumption of abuse which does in fact arise in this case.

2Cases cited9 opinions

  1. Merrill Lynch, Pierce, Fenner & Smith Inc. v. DabitSupreme Court of the United States · 2006
  2. Carlos Resendez, Jr., and Marlene Resendez v. Dwight Lindquist, William Westphal and J. J. MickelsonCourt of Appeals for the Eighth Circuit · 1982
  3. McDow v. Sours (In Re Sours)United States Bankruptcy Court, E.D. Virginia · 2006
  4. In Re PerfettoUnited States Bankruptcy Court, D. Rhode Island · 2007
  5. McDow v. Capers (In Re Capers)United States Bankruptcy Court, D. South Carolina · 2006

4 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. McDow v. Dudley (In Re Dudley)United States Bankruptcy Court, W.D. Virginia · 2009
  2. Fokkena v. Chapman (In Re Chapman)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2011
  3. In re DavisUnited States Bankruptcy Court, S.D. Georgia · 2013
  4. In re KruseUnited States Bankruptcy Court, W.D. Wisconsin · 2016
  5. In re CroftUnited States Bankruptcy Court, W.D. Texas · 2015

6 more not listed; retrieve them via the Exa API.

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