In re Riggs

MEMORANDUM DECISION

WILLIAM F. STONE, JR., Bankruptcy Judge.

The United States Trustee has filed a Motion to Dismiss this case pursuant to 11 U.S.C. § 707(b)(3) (“the Motion”) asserting that “the totality of the circumstances ... of [their] financial situation demonstrates abuse” of the provisions of Chapter 7 of the Bankruptcy Code. The Motion presents a challenging issue of interpretation under the facts of this case because a part of that “totality of the circumstances” is the receipt by the male Debtor of Social Security income which under the § 707(b)(2) presumption of abuse is explicitly…