Legal Opinion
In Re Vaccariello
United States Bankruptcy Court, N.D. Ohio
Decided August 22, 2007No. 19-10077PublishedCited by 17 opinions
1Opinion of the Court
MEMORANDUM OPINION
KAY WOODS, Bankruptcy Judge.
Before the Court is United States Trustee’s Motion to Dismiss Case Pursuant to 11 U.S.C. Section 707(b)(1) (“Motion to Dismiss”) (Doc. # 12). In what is a matter of first impression for this Court, the primary issue is whether Debtors’ student loans may constitute “special circumstances” to overcome the presumption of abuse in the so-called means test. For the reasons set forth below, this Court finds that the Debtors have failed to rebut the presumption of abuse under 11 U.S.C. § 707(b)(2) and holds that, under the circumstances of this case,…
2Cases cited8 opinions
- In Re HaarUnited States Bankruptcy Court, N.D. Ohio · 2007
- In Re HamanUnited States Bankruptcy Court, D. Delaware · 2007
- Eisen v. ThompsonDistrict Court, N.D. Ohio · 2007
- In Re GressUnited States Bankruptcy Court, W.D. Missouri · 2006
- In Re ThompsonUnited States Bankruptcy Court, N.D. Ohio · 2006
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- In Re PageauUnited States Bankruptcy Court, D. New Hampshire · 2008
- In Re SharpUnited States Bankruptcy Court, D. Colorado · 2009
- In Re SilerUnited States Bankruptcy Court, W.D. North Carolina · 2010
- DeAngelis v. Fonash (In Re Fonash)United States Bankruptcy Court, M.D. Pennsylvania · 2008
- In Re ChampagneUnited States Bankruptcy Court, D. Kansas · 2008
12 more not listed; retrieve them via the Exa API.