Harris v. United States Trustee (In Re Harris)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
BRANDT, Bankruptcy Judge.
Debtors William R. Harris and Anita L. Harris appeal the bankruptcy court’s order dismissing their chapter 71 case for substantial abuse under § 707(b). We REVERSE, as no evidence supports the bankruptcy court’s finding of substantial abuse.
I.FACTS
The Harrises filed for chapter 7 relief on 10 April 2001, seeking discharge of $122,558 of unsecured nonpriority debt, consisting primarily of credit card debt. Mr. Harris is an attorney, and Mrs. Harris a legal secretary. Their combined net monthly income at filing was $7,422. In 1999 and 2000 the couple’s income was…
2Cases cited14 opinions
- Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
- Roy Richard Dittman v. State of California State and Consumer Affairs Agency Medical Board of California Acupuncture Committee and Marilyn NielsenCourt of Appeals for the Ninth Circuit · 1999
- Zolg v. Kelly (In re Kelly)Court of Appeals for the Ninth Circuit · 1988
- Gertsch v. Johnson & Johnson, Finance Corp. (In Re Gertsch)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1999
- Oaks of Woodlake Phase III, Ltd. v. Hall, Bayoutree Associates, Ltd. (In re Hall, Bayoutree Associates, Ltd.)Court of Appeals for the Ninth Circuit · 1991
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