Legal Opinion
In Re James
United States Bankruptcy Court, S.D. Georgia
Decided September 5, 2008No. 15-40326PublishedCited by 9 opinions
1Opinion of the Court
MEMORANDUM AND ORDER ON MOTION OF THE UNITED STATES TRUSTEE TO DISMISS PURSUANT TO § 707(b)
LAMAR W. DAVIS, JR., Bankruptcy Judge.
FINDINGS OF FACT
Debtor’s case was filed on March 28, 2007. On June 25, 2007, the United States Trustee filed a Motion to Dismiss. The United States Trustee argues that Debt- or’s Chapter 7 case constitutes an abuse of provisions of Chapter 7, contending that an unrebutted presumption of abuse arises under § 707(b)(2)(A)(i) or abuse has been shown under § 707(b)(3)(B) and its totality of circumstances test. Following discovery, the parties entered into a lengthy…
2Cases cited59 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Exxon Mobil Corp. v. Allapattah Services, Inc.Supreme Court of the United States · 2005
- Russello v. United StatesSupreme Court of the United States · 1983
- Blanchard v. BergeronSupreme Court of the United States · 1989
- In Re Charles Ellsworth Krohn AKA Charles E. Krohn, Appellant/debtorCourt of Appeals for the Sixth Circuit · 1989
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3Cited by9 opinions
- Robert Alan Witcher v. Valery W. Early, IIICourt of Appeals for the Eleventh Circuit · 2012
- In re HardiganUnited States Bankruptcy Court, S.D. Georgia · 2013
- In Re TruaxUnited States Bankruptcy Court, S.D. Georgia · 2010
- In re JohnsonUnited States Bankruptcy Court, N.D. Indiana · 2013
- In Re AllenUnited States Bankruptcy Court, S.D. Georgia · 2009
4 more not listed; retrieve them via the Exa API.