Legal Opinion
McDow v. Harvey (In Re Harvey)
United States Bankruptcy Court, W.D. Virginia
Decided July 20, 2009No. 08-71684PublishedCited by 4 opinions
1Opinion of the Court
DECISION AND ORDER
ROSS W. KRUMM, Bankruptcy Judge.
The matter before the Court is the Motion for Summary Judgment filed by Garland T. Harvey (the “Debtor”) in response to the United States Trustee’s Motion to Dismiss Chapter 7 Case Pursuant to 11 U.S.C. § 707(b)(1). The U.S. Trustee seeks dismissal of the Debtor’s Chapter 7 case for abuse and alleges that the presumption of abuse arises under 11 U.S.C. § 707(b)(2). The Debtor argues that the motion to dismiss should be dismissed on the grounds that he correctly deducted debts secured by collateral that he intends to surrender and therefore no…
2Cases cited15 opinions
- Connecticut National Bank v. GermainSupreme Court of the United States · 1992
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
- Powerex Corp. v. Reliant Energy Services, Inc.Supreme Court of the United States · 2007
- In Re: Sunterra Corporation, Debtor. Rci Technology Corporation, Formerly Known as Resort Computer Corporation v. Sunterra CorporationCourt of Appeals for the Fourth Circuit · 2004
- In Re Clarence Gordon Witt Carolyn Sue Witt, Debtors. Clarence Gordon Witt Carolyn Sue Witt v. United Companies Lending CorporationCourt of Appeals for the Fourth Circuit · 1997
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3Cited by4 opinions
- In Re PerelmanUnited States Bankruptcy Court, E.D. New York · 2009
- In Re KucharzUnited States Bankruptcy Court, C.D. Illinois · 2009
- In Re CottoUnited States Bankruptcy Court, E.D. New York · 2010
- Robbins v. Denzin (In re Denzin)United States Bankruptcy Court, E.D. Virginia · 2015