Legal Opinion

United States Trustee v. Duncan (In Re Duncan)

United States Bankruptcy Court, W.D. Pennsylvania

Decided October 23, 1996No. 17-70091PublishedCited by 21 opinions

1Opinion of the Court

MEMORANDUM OPINION

M. BRUCE McCULLOUGH, Bankruptcy Judge.

This opinion is issued in response to, and subsequent to the hearing on August 13,1996 regarding, the motion of the U.S. Trustee requesting that respondent’s Chapter 7 ease be dismissed pursuant to 11 U.S.C. § 707(b). The U.S. Trustee asserts that dismissal is appropriate in this case because respondent’s debts are primarily consumer debts and a discharge would constitute a substantial abuse of the Chapter 7 process. Respondent, who commenced this case on February 22, 1996, opposes such dismissal and asserts in support thereof primarily…

2Cases cited17 opinions

  1. United States v. KrasSupreme Court of the United States · 1973
  2. In Re Charles Ellsworth Krohn AKA Charles E. Krohn, Appellant/debtorCourt of Appeals for the Sixth Circuit · 1989
  3. In Re Walter Green, Debtor. Walter Green v. A. Gray Staples, Jr., Assistant United States TrusteeCourt of Appeals for the Fourth Circuit · 1991
  4. In Re Ronald Carlester WaltonCourt of Appeals for the Eighth Circuit · 1989
  5. Gary T. Napotnik v. Equibank and Parkvale Savings AssociationCourt of Appeals for the Third Circuit · 1982

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

3Cited by21 opinions

  1. In Re AttanasioUnited States Bankruptcy Court, N.D. Alabama · 1998
  2. Edmonston v. MurphyCourt of Appeals for the First Circuit · 1997
  3. In Re CrinkUnited States Bankruptcy Court, M.D. North Carolina · 2009
  4. In Re GlennUnited States Bankruptcy Court, N.D. Ohio · 2006
  5. In Re HaddadUnited States Bankruptcy Court, S.D. New York · 2000

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

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