Legal Opinion
In Re Rubio
United States Bankruptcy Court, N.D. Texas
Decided June 20, 2000No. 19-40729PublishedCited by 6 opinions
1Opinion of the Court
MEMORANDUM OPINION
ROBERT L. JONES, Bankruptcy Judge.
The United States Trustee seeks dismissal of the Chapter 7 proceeding of Irma Estrada Rubio (Debtor) under § 707(b) of the Bankruptcy Code 1 as a substantial abuse of the provisions of Chapter 7. The Trustee contends that if the Debtor eliminated or reduced her repayment of a loan from her retirement plan and her payment of virtually all her daughter’s college expenses, she has the ability to repay a substantial portion of her unsecured debts. Her “ability to pay”, it is argued, constitutes a substantial abuse of Chapter 7 and warrants…
2Cases cited8 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 AttanasioUnited States Bankruptcy Court, N.D. Alabama · 1998
- In Re MillsUnited States Bankruptcy Court, S.D. California · 2000
- In Re CohenUnited States Bankruptcy Court, D. Colorado · 2000
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- United States Trustee v. CortezCourt of Appeals for the Fifth Circuit · 2006
- United States Trustee v. Staub (In Re Staub)United States Bankruptcy Court, M.D. Pennsylvania · 2000
- In Re HillUnited States Bankruptcy Court, S.D. Texas · 2005
- In re FoxUnited States Bankruptcy Court, D. Maryland · 2014
- In Re FergasonUnited States Bankruptcy Court, S.D. Texas · 2003
1 more not listed; retrieve them via the Exa API.