DeAngelis v. Womer (In Re Womer)

OPINION

JOHN J. THOMAS, Bankruptcy Judge.

The United States Trustee has moved to dismiss the Debtors’ bankruptcy case on two theories, as follows.

The Trustee argues that cause exists under 11 U.S.C. § 707(b)(2) inasmuch as a $405.06 monthly obligation on a nondis-chargeable student loan is not a “special circumstance” under § 707(b) (2) (B) (i). Secondly, the Trustee argues that inflated food, home maintenance, and transportation expenses would suggest that, under the “totality of the circumstances,” the case should be dismissed under § 707(b)(3) since the Debtors have significant income over…