Legal Opinion
Robbins v. Denzin (In re Denzin)
United States Bankruptcy Court, E.D. Virginia
Decided August 6, 2015No. Case No. 15-10277-RGMPublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OPINION
Robert G. Mayer, United States Bankruptcy Judge
The question presented in this chapter 7 case is whether the debtors may claim their two mortgage debts as expenses in their chapter 7 means test calculation when they intend to surrender the property. The trustee and the debtors agree that if the debtors may claim the two mortgage debts then there is no presumption of abuse under 11 U.S.C. § 707(b)(2); otherwise, there is a presumption of abuse.1 This question was previously decided by this court.2 In re Crawley, 412 B.R. 777 (Bankr.E.D.Va.2009); In re Demesones, 406 B.R. 711…
2Cases cited9 opinions
- Andrus v. AllardSupreme Court of the United States · 1979
- Ransom v. FIA Card Services, N. A.Supreme Court of the United States · 2011
- Hamilton v. LanningSupreme Court of the United States · 2010
- Morris v. QuigleyCourt of Appeals for the Fourth Circuit · 2012
- In Re FredmanUnited States Bankruptcy Court, S.D. Illinois · 2012
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3Cited by3 opinions
- In re JacksonUnited States Bankruptcy Court, E.D. North Carolina · 2015
- In re LopezUnited States Bankruptcy Court, E.D. California · 2017
- Robbins v. Hall (In re Hall)United States Bankruptcy Court, W.D. Virginia · 2017