Legal Opinion

In Re Baeza

United States Bankruptcy Court, E.D. California

Decided December 29, 2008No. 19-20541PublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM DECISION REGARDING UNITED STATES TRUSTEE’S MOTION TO DISMISS

W. RICHARD LEE, Bankruptcy Judge.

The United States Trustee (“UST”) disputes certain deductions claimed by the Debtors on Form 22A (the “Means Test”). Based thereon, the UST moves to dismiss this case as a presumed abuse of chapter 7 pursuant to 11 U.S.C. § 707(b)(2). 1 In the alternative, the UST contends that the Debtors have the ability to repay a substantial portion of their debts through a chapter 13 plan. The UST asks that the case be dismissed as an abuse of chapter 7 based on the totality of the circumstances of the…

2Cases cited9 opinions

  1. In Re Julian Roosevelt Goeb and Jane Alma Goeb, Debtors. In Re Julian Roosevelt Goeb and Jane Alma Goeb v. Harry W. Heid, Chapter 13 TrusteeCourt of Appeals for the Ninth Circuit · 1982
  2. Maney v. KagenveamaCourt of Appeals for the Ninth Circuit · 2008
  3. Zolg v. Kelly (In re Kelly)Court of Appeals for the Ninth Circuit · 1988
  4. In Re Thomas W. Price, Debtor, Thomas W. Price v. United States TrusteeCourt of Appeals for the Ninth Circuit · 2004
  5. In Re PakUnited States Bankruptcy Court, N.D. California · 2006

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

3Cited by7 opinions

  1. In Re CrinkUnited States Bankruptcy Court, M.D. North Carolina · 2009
  2. In Re PerelmanUnited States Bankruptcy Court, E.D. New York · 2009
  3. In Re HageneyUnited States Bankruptcy Court, E.D. Washington · 2009
  4. In Re GrinkmeyerUnited States Bankruptcy Court, S.D. Indiana · 2011
  5. In re SutticeUnited States Bankruptcy Court, C.D. California · 2013

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API