Legal Opinion

United States Trustee v. Cortez

Court of Appeals for the Fifth Circuit

Decided July 20, 2006No. 05-10459PublishedCited by 75 opinions

1Opinion of the Court

KING, Circuit Judge:

This case arises from the debtors’ bankruptcy filed under Chapter 7 on April 8, 2004, and the United States Trustee’s motion to dismiss for substantial abuse filed under 11 U.S.C. § 707(b) on July 9, 2004. The issue presented on appeal is whether a bankruptcy court should consider post-petition events in deciding whether to dismiss a case for substantial abuse under § 707(b). The bankruptcy court determined that post-petition events should not be considered, and the district court reversed, holding that such circumstances should be considered in determining substantial…

2Cases cited30 opinions

Brown v. GardnerSupreme Court of the United States · 1994
King v. St. Vincent's HospitalSupreme Court of the United States · 1991
In Re Charles Ellsworth Krohn AKA Charles E. Krohn, Appellant/debtorCourt of Appeals for the Sixth Circuit · 1989
In Re Walter Green, Debtor. Walter Green v. A. Gray Staples, Jr., Assistant United States TrusteeCourt of Appeals for the Fourth Circuit · 1991
In Re William M. Behlke and Dina E. Behlke, Debtors, William M. Behlke and Dina E. Behlke v. Saul Eisen, United States TrusteeCourt of Appeals for the Sixth Circuit · 2004

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

3Cited by75 opinions

In Re NockertsUnited States Bankruptcy Court, E.D. Wisconsin · 2006
Ross-Tousey v. NearyCourt of Appeals for the Seventh Circuit · 2008
In Re PrattCourt of Appeals for the Fifth Circuit · 2008
In Re HeneburyUnited States Bankruptcy Court, S.D. Florida. · 2007
In Re SingletaryUnited States Bankruptcy Court, S.D. Texas · 2006

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