Legal Opinion
In Re Walter Green, Debtor. Walter Green v. A. Gray Staples, Jr., Assistant United States Trustee
Court of Appeals for the Fourth Circuit
Decided June 5, 1991No. 90-1731PublishedCited by 222 opinions
1Opinion of the Court
ERVIN, Chief Judge:
Walter Green’s petition for bankruptcy relief was denied on the ground that the petition constituted “substantial abuse” of Chapter 7. Green appeals the Bankruptcy Court’s interpretation of 11 U.S.C. § 707(b), claiming that the fact that he was found to have income in excess of his necessary expenses is not, by itself, sufficient to support a finding of substantial abuse. We agree, and therefore we reverse. and remand this case to the district court for proceedings consistent with this opinion.
I
On March 17, 1989, Walter Green filed a voluntary petition in the Bankruptcy…
2Cases cited18 opinions
- United States v. United States Gypsum Co.Supreme Court of the United States · 1948
- In Re Charles Ellsworth Krohn AKA Charles E. Krohn, Appellant/debtorCourt of Appeals for the Sixth Circuit · 1989
- In Re Ronald Carlester WaltonCourt of Appeals for the Eighth Circuit · 1989
- In Re GrantUnited States Bankruptcy Court, N.D. Ohio · 1985
- In Re Zelda Moog, Debtor-AppellantCourt of Appeals for the Eleventh Circuit · 1985
13 more not listed; retrieve them via the Exa API.
3Cited by222 opinions
- In Re Varat Enterprises, Inc., Debtor. First Union Commercial Corporation v. Nelson, Mullins, Riley and ScarboroughCourt of Appeals for the First Circuit · 1996
- 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
- In Re Robert J. KESTELL, Debtor. Robert J. KESTELL, Plaintiff-Appellant, v. Janet A. KESTELL, Defendant-AppelleeCourt of Appeals for the Fourth Circuit · 1996
- Stewart v. United States Trustee (In Re Stewart)Court of Appeals for the Tenth Circuit · 1999
- Ford Motor Credit Company v. Rayfeal C. Dobbins, A/K/A Ray C. Dobbins Mary Ellen DobbinsCourt of Appeals for the Fourth Circuit · 1994
217 more not listed; retrieve them via the Exa API.