Legal Opinion

In Re Buntin

United States Bankruptcy Court, W.D. Missouri

Decided October 29, 1993No. 18-21007PublishedCited by 13 opinions

1Opinion of the Court

MEMORANDUM OPINION

ARTHUR B. FEDERMAN, Bankruptcy Judge.

The United States Trustee moved this Court to dismiss debtors’ Chapter 7 bankruptcy ease for substantial abuse. This is a core proceeding under 28 U.S.C. § 157(b)(2)(A) over which the Court has jurisdiction pursuant to 28 U.S.C. §§ 1334(b), 157(a), and 157(b)(1). For the reasons set forth below, I find that debtors have the ability to repay a significant portion of their debts in a Chapter 13 bankruptcy. Therefore, I will dismiss this Chapter 7 for substantial abuse, unless the debtors convert the case to Chapter 13.

FACTUAL BACKGROUND

Both…

2Cases cited3 opinions

  1. In Re Ronald Carlester WaltonCourt of Appeals for the Eighth Circuit · 1989
  2. United States Trustee v. Ronald Moses Harris and Rhonda Joann HarrisCourt of Appeals for the Eighth Circuit · 1992
  3. In Re GrantUnited States Bankruptcy Court, N.D. Ohio · 1985

3Cited by13 opinions

  1. In Re AttanasioUnited States Bankruptcy Court, N.D. Alabama · 1998
  2. In Re MastromarinoUnited States Bankruptcy Court, D. Maine · 1996
  3. Cox v. Fokkena (In Re Cox)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2004
  4. In Re ReganUnited States Bankruptcy Court, W.D. Missouri · 2001
  5. In Re SmithUnited States Bankruptcy Court, W.D. Missouri · 2001

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