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Legal Opinion

In Re Lavin

United States Bankruptcy Court, M.D. Florida

Decided January 29, 2010No. 8:09-bk-2708-KRMPublishedCited by 9 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER DENYING THE UNITED STATES TRUSTEE’S MOTION TO DISMISS CHAPTER 7 CASE PURSUANT TO 11 U.S.C. § 707(b)(3)(B)

K. RODNEY MAY, Bankruptcy Judge.

Would the granting of a discharge be an abuse of the provisions of Chapter 7, where the debtor was unemployed on the petition date, but thereafter obtained employment that enabled him, post-petition, to deposit $1,100 per month in a 401k account? The United States Trustee (“UST”) thinks so and seeks dismissal under Section 707(b)(3)(B) of the Bankruptcy Code, because he has the ability to pay at least $668.19 per month to his…

2Cases cited13 opinions

  1. Baxter, Barnee v. Johnson (In Re Johnson)United States Bankruptcy Court, S.D. Georgia · 2006
  2. In Re HeneburyUnited States Bankruptcy Court, S.D. Florida. · 2007
  3. In Re CribbsUnited States Bankruptcy Court, S.D. Georgia · 2008
  4. In Re ParadaUnited States Bankruptcy Court, S.D. Florida. · 2008
  5. In Re WalkerUnited States Bankruptcy Court, N.D. Georgia · 2008

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3Cited by9 opinions

  1. Burden v. Seafort (In Re Seafort)Bankruptcy Appellate Panel of the Sixth Circuit · 2010
  2. In Re RiversUnited States Bankruptcy Court, M.D. Florida · 2012
  3. Gebhardt v. HardiganDistrict Court, S.D. Georgia · 2014
  4. In RE McKAYUnited States Bankruptcy Court, S.D. Georgia · 2010
  5. In re NavinUnited States Bankruptcy Court, N.D. Georgia · 2016

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

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