DeAngelis v. Holmes (In re Holmes)

OPINION1

ROBERT N. OPEL, II, Bankruptcy Judge.

The U.S. Trustee moved to dismiss the Chapter 7 case of Thad M. Holmes. The Motion avers that the Debtor’s case is presumptively abusive pursuant to § 707(b)(2), or in the alternative, that the totality of circumstances evidence an abuse of the Code’s protections, under § 707(b)(3). For the reasons stated herein, the motion is granted in part and denied in part. .

I. JURISDICTION

The Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and 1334. This is a core proceeding under 28 U.S.C. § 157(b)(2)(A).

II. FACTS AND PROCEDURAL HISTORY

Th…