Legal Opinion
In Re Pier
United States Bankruptcy Court, N.D. Ohio
Decided February 20, 2004No. 19-10170PublishedCited by 38 opinions
1Opinion of the Court
DECISION AND ORDER
RICHARD L. SPEER, Bankruptcy Judge.
The instant cause is before the Court upon the Motion of the United States Trustee to Dismiss and the Debtors’ Response thereto. The Trustee’s Motion is brought pursuant to 11 U.S.C. § 707(b) which generally provides that, when an individual holds primarily consumer debt, a court may dismiss the case if it finds that its continuation would result in a “substantial abuse” of the bankruptcy process. The overall factual basis for the Trustee’s Motion is that Debtors have the means by which to repay all of their unsecured obligations.
In making…
2Cases cited29 opinions
- Lawrence Hamilton v. State Farm Fire & Casualty Company, an Illinois Corporation David's Restaurant SupplyCourt of Appeals for the Ninth Circuit · 2001
- In Re Charles Ellsworth Krohn AKA Charles E. Krohn, Appellant/debtorCourt of Appeals for the Sixth Circuit · 1989
- Walter Burnes v. Pemco AeroplexCourt of Appeals for the Eleventh Circuit · 2002
- In Re Omegas Group, Inc., Debtor. Xl/datacomp, Inc., Plaintiff-Appellant/cross-Appellee v. John R. Wilson, Trustee, Defendant-Appellee/cross-AppellantCourt of Appeals for the Sixth Circuit · 1994
- In Re Ronald Carlester WaltonCourt of Appeals for the Eighth Circuit · 1989
24 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- United States Trustee v. CortezCourt of Appeals for the Fifth Circuit · 2006
- Hedquist v. Fokkena (In Re Hedquist)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2006
- In Re OotUnited States Bankruptcy Court, N.D. Ohio · 2007
- In Re GonzalezUnited States Bankruptcy Court, N.D. Ohio · 2007
- In Re First Assured Warranty Corp.United States Bankruptcy Court, D. Colorado · 2008
33 more not listed; retrieve them via the Exa API.