Legal Opinion
In re Jaramillo
United States Bankruptcy Court, D. New Mexico
Decided March 10, 2015No. Case No. 13-11090PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM OPINION
ROBERT H. JACOBVITZ, United States Bankruptcy Judge
Before the Court is the motion to dismiss Debtor Stuart Jaramillo’s Chapter 7 case for abuse filed by the United States Trustee (the “UST”). See Docket No. 19. The UST asserts the presumption of abuse arises under 11 U.S.C. § 707(b)(2) (the “means test”) and the totality of the circumstances of Mr. Jaramillo’s financial situation demonstrates abuse under 11 U.S.C. § 707(b)(3). The Court held a trial on the issue of abuse, which concluded on October 16, 2014. After carefully considering the evidence and arguments, the Court…
2Cases cited17 opinions
- Stewart v. United States Trustee (In Re Stewart)Court of Appeals for the Tenth Circuit · 1999
- In Re RudlerCourt of Appeals for the First Circuit · 2009
- McDow v. DudleyCourt of Appeals for the Fourth Circuit · 2011
- In Re dePellegriniUnited States Bankruptcy Court, S.D. Ohio · 2007
- Robert Alan Witcher v. Valery W. Early, IIICourt of Appeals for the Eleventh Circuit · 2012
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3Cited by5 opinions
- In re SmithUnited States Bankruptcy Court, W.D. Oklahoma · 2018
- In re HeathUnited States Bankruptcy Court, D. Colorado · 2016
- Christopher Charles BartlettUnited States Bankruptcy Court, D. New Mexico · 2023
- Jacob Dean Lindesmith and Kelsey Dawn LindesmithUnited States Bankruptcy Court, D. Kansas · 2025
- United States v. Sivaram (In re Sivaram)United States Bankruptcy Court, W.D. Pennsylvania · 2017