Legal Opinion
In Re Hunt
United States Bankruptcy Court, S.D. Indiana
Decided December 5, 2008No. 43-JJG-7Published
1Opinion of the Court
ORDER DISALLOWING DEBTOR’S VEHICLE OWNERSHIP EXPENSE DEDUCTION AND NOTICE OF DECEMBER 15, 2008 HEARING ON “SPECIAL CIRCUMSTANCES”
ANTHONY J. METZ, III, Bankruptcy Judge.
Background
The enactment of The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”) was driven by the perception that debtors who in fact had some ability to repay their creditors were nonetheless receiving discharges under chapter 7 liquidation / no repayment cases. Prior to BAPCPA, chapter 7 debtors with the ability to repay some portion of their debts could have their cases dismissed for “substantial…
2Cases cited16 opinions
- In Re SlusherUnited States Bankruptcy Court, D. Nevada · 2007
- Ransom v. MBNA America Bank, N.A. (In Re Ransom)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007
- Hildebrand v. Kimbro (In Re Kimbro)Bankruptcy Appellate Panel of the Sixth Circuit · 2008
- Babin v. Wilson (In Re Wilson)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2008
- Fokkena v. HartwickDistrict Court, D. Minnesota · 2007
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