Legal Opinion

In Re William M. Behlke and Dina E. Behlke, Debtors, William M. Behlke and Dina E. Behlke v. Saul Eisen, United States Trustee

Court of Appeals for the Sixth Circuit

Decided May 20, 2004No. 02-4306PublishedCited by 174 opinions

1Opinion of the Court

OPINION

RALPH B. GUY, JR., Circuit Judge.

Debtors, William M. and Dina E. Behlke, appeal from the decision of the Bankruptcy Appellate Panel (BAP) affirming the bankruptcy court’s order granting the Trustee’s motion to dismiss this voluntary Chapter 7 bankruptcy petition for “substantial abuse” under 11 U.S.C. § 707(b). Section 707(b) provides that the bankruptcy court, on its own motion or the motion of the United States Trustee, “may dismiss a case filed by an individual debtor under this chapter whose debts are primarily consumer debts if it finds that the granting of relief would be a…

2Cases cited29 opinions

  1. Jan M. Sexton Salmi v. Secretary of Health and Human ServicesCourt of Appeals for the Sixth Circuit · 1985
  2. In Re Benethel Rembert, Debtor. Benethel Rembert v. At & T Universal Card Services, Inc. Citibank South Dakota, N.A.Court of Appeals for the Sixth Circuit · 1998
  3. In Re Charles Ellsworth Krohn AKA Charles E. Krohn, Appellant/debtorCourt of Appeals for the Sixth Circuit · 1989
  4. In Re David G. Zick, Debtor. Industrial Insurance Services, Inc. v. David G. ZickCourt of Appeals for the Sixth Circuit · 1991
  5. In Re Walter Green, Debtor. Walter Green v. A. Gray Staples, Jr., Assistant United States TrusteeCourt of Appeals for the Fourth Circuit · 1991

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3Cited by174 opinions

  1. In Re: Michael J. Oyler, Debtor. Michael J. Oyler v. Educational Credit Management CorporationCourt of Appeals for the Sixth Circuit · 2005
  2. United States Trustee v. CortezCourt of Appeals for the Fifth Circuit · 2006
  3. B-Line, LLC v. Wingerter (In Re Wingerter)Court of Appeals for the Sixth Circuit · 2010
  4. In Re McGillisUnited States Bankruptcy Court, W.D. Michigan · 2007
  5. Deborah Seafort v. Beverly BurdenCourt of Appeals for the Sixth Circuit · 2012

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

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