Legal Opinion
In Re Barraza
United States Bankruptcy Court, N.D. Texas
Decided August 1, 2006No. 19-30360PublishedCited by 56 opinions
1Opinion of the Court
MEMORANDUM OPINION
RUSSELL F. NELMS, Bankruptcy Judge.
Introduction
In this case the United States Trustee has moved to dismiss the debtor’s chapter 7 case as presumptively abusive under the means test in section 707(b)(2)(A). The debtor attempts to avoid the presumption of abuse by (a) taking a standard $475 ownership allowance for a truck that is neither financed nor leased, and (b) deducting $915 per month from his current income to account for loan repayments on two loans from the debtor’s 401(k) plans. The court reiterates its holding in In re Hardacre, 338 B.R. 718 (Bankr.N.D.Tex.2006),…
2Cases cited15 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Russello v. United StatesSupreme Court of the United States · 1983
- United States v. KrasSupreme Court of the United States · 1973
- Landreth Timber Co. v. LandrethSupreme Court of the United States · 1985
- KP Permanent Make-Up, Inc. v. Lasting Impression I, Inc.Supreme Court of the United States · 2004
10 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- In Re SlusherUnited States Bankruptcy Court, D. Nevada · 2007
- In Re HarrisUnited States Bankruptcy Court, E.D. Oklahoma · 2006
- In Re LentonUnited States Bankruptcy Court, E.D. Pennsylvania · 2006
- In Re HartwickUnited States Bankruptcy Court, D. Minnesota · 2006
- In Re HeneburyUnited States Bankruptcy Court, S.D. Florida. · 2007
51 more not listed; retrieve them via the Exa API.