Legal Opinion
In Re Allen
United States Bankruptcy Court, S.D. Georgia
Decided May 12, 2009No. 18-40794PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM AND ORDER ON MOTION OF THE UNITED STATES TRUSTEE TO DISMISS PURSUANT TO § 707(b)
LAMAR W. DAVIS, JR., Bankruptcy Judge.
FINDINGS OF FACT
Debtor’s Chapter 7 was filed on December 18, 2007. On March 17, 2008, the United States Trustee filed a Motion to Dismiss. The United States Trustee argues that Debtor’s Chapter 7 case constitutes an abuse of Chapter 7, contending that (1) an unrebutted presumption of abuse arises under § 707(b)(2)(A)(I) or (2) abuse has been shown under § 707(b)(3)(B) and its totality of circumstances test. Following discovery, the parties entered into a joint…
2Cases cited10 opinions
- Ross-Tousey v. NearyCourt of Appeals for the Seventh Circuit · 2008
- Ransom v. MBNA America Bank, N.A. (In Re Ransom)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007
- Hildebrand v. Kimbro (In Re Kimbro)Bankruptcy Appellate Panel of the Sixth Circuit · 2008
- Babin v. Wilson (In Re Wilson)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2008
- Pearson v. Stewart (In Re Pearson)Bankruptcy Appellate Panel of the Tenth Circuit · 2008
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3Cited by4 opinions
- In re HardiganUnited States Bankruptcy Court, S.D. Georgia · 2013
- In Re TruaxUnited States Bankruptcy Court, S.D. Georgia · 2010
- Moutousis v. United States TrusteeDistrict Court, E.D. Michigan · 2009
- In Re HibbardUnited States Bankruptcy Court, S.D. Georgia · 2009