Voelkel v. Naylor (In Re Voelkel)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
MONTALI, Bankruptcy Judge.
1. INTRODUCTION
In this case, Barbara Voelkel (“Debtor”) appeals the bankruptcy court’s sua sponte order dismissing her chapter 7 3 case for substantial abuse. We REVERSE and REMAND because the court did not rebut the section 707(b) presumption, and we hold that the presumption in favor of a debtor’s right to bankruptcy relief prevents dismissal for substantial abuse unless the court articulates and explains the “clear” abuse it finds from the evidence before it. We also hold that a finding of substantial abuse that is based on Debtor’s future ability to pay is…
2Cases cited10 opinions
- 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
- In Re: Steve P. Myrvang and Joanne L. Myrvang, Debtors, June Cotner Graves v. Steve P. Myrvang Joanne L. MyrvangCourt of Appeals for the Ninth Circuit · 2000
- In Re Thomas W. Price, Debtor, Thomas W. Price v. United States TrusteeCourt of Appeals for the Ninth Circuit · 2004
- Washington Student Loan Guaranty Ass'n v. Porter (In Re Porter)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1989
- Education Credit Management Corp. v. Howe (In Re Howe)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2005
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3Cited by11 opinions
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- Khachikyan v. Hahn (In Re Khachikyan)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2005
- Ross v. Garcia (Garcia)Bankruptcy Appellate Panel of the First Circuit · 2015
- Carnduff v. United States Department of Education (In Re Carnduff)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007
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