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Legal Opinion

In Re Paret

United States Bankruptcy Court, D. Delaware

Decided August 1, 2006No. 19-50102PublishedCited by 27 opinions

1Opinion of the Court

MEMORANDUM OPINION 1

MARY F. WALRATH, Bankruptcy Judge.

Before the Court is the Motion of the United States Trustee (“the UST”) to dismiss the Debtor’s chapter 7 case based upon the totality of the Debtor’s financial circumstances. The Debtor opposes the motion. For the reasons outlined below, the Court concludes that the totality of the Debtor’s financial circumstances (including the Debtor’s ability to repay his debts) is the applicable standard. Having determined the legal standard, the Court will schedule an evidentiary hearing on that issue. 2

I. BACKGROUND

Matthew J. Paret (“the Debtor”)…

2Cases cited7 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. United States v. American Trucking AssociationsSupreme Court of the United States · 1940
  3. Morales v. Trans World Airlines, Inc.Supreme Court of the United States · 1992
  4. Garcia v. United StatesSupreme Court of the United States · 1985
  5. Government of the Virgin Islands v. Henry D. KnightCourt of Appeals for the Third Circuit · 1993

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3Cited by27 opinions

  1. In Re NockertsUnited States Bankruptcy Court, E.D. Wisconsin · 2006
  2. In Re LentonUnited States Bankruptcy Court, E.D. Pennsylvania · 2006
  3. In Re HeneburyUnited States Bankruptcy Court, S.D. Florida. · 2007
  4. In Re McGillisUnited States Bankruptcy Court, W.D. Michigan · 2007
  5. In Re HamanUnited States Bankruptcy Court, D. Delaware · 2007

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

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