Legal Opinion

First USA v. Lamanna

Court of Appeals for the First Circuit

Decided August 26, 1998No. 98-9003PublishedCited by 76 opinions

1Opinion of the Court

LYNCH, Circuit Judge.

The question presented is the meaning of “substantial abuse” under § 707(b) of the Bankruptcy Code and the criteria by which it is measured. This is a question of first instance in this circuit. A Chapter 7 bankruptcy petition of an individual debtor whose debts are primarily consumer debts may be dismissed if the court finds that granting relief would be a “substantial abuse” of the Chapter. See 11 U.S.C. § 707(b).

Richard Lamanna sought relief from approximately $15,000 of primarily consumer debt by filing for bankruptcy under Chapter 7. The bankruptcy court sua sponte…

2Cases cited9 opinions

In Re Charles Ellsworth Krohn AKA Charles E. Krohn, Appellant/debtorCourt of Appeals for the Sixth Circuit · 1989
In Re Walter Green, Debtor. Walter Green v. A. Gray Staples, Jr., Assistant United States TrusteeCourt of Appeals for the Fourth Circuit · 1991
In Re Ronald Carlester WaltonCourt of Appeals for the Eighth Circuit · 1989
Brandt v. Repco Printers & Lithographics, Inc. (In Re Healthco International, Inc.)Court of Appeals for the First Circuit · 1997
In the Matter of Donald J. Booth and Carolyn B. Booth, Debtors. Donald J. Booth and Carolyn B. BoothCourt of Appeals for the Fifth Circuit · 1988

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

3Cited by76 opinions

In Re William M. Behlke and Dina E. Behlke, Debtors, William M. Behlke and Dina E. Behlke v. Saul Eisen, United States TrusteeCourt of Appeals for the Sixth Circuit · 2004
Stewart v. United States Trustee (In Re Stewart)Court of Appeals for the Tenth Circuit · 1999
United States Trustee v. CortezCourt of Appeals for the Fifth Circuit · 2006
In Re LentonUnited States Bankruptcy Court, E.D. Pennsylvania · 2006
In Re HeneburyUnited States Bankruptcy Court, S.D. Florida. · 2007

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