In Re Green

Decision Determining the Exemption of 11 U.S.C. § 707(b)(2)(D) is Inapplicable to the United States Trustee’s Motion to Dismiss Pursuant to 11 U.S.C. § 707(b)(3)(B)

GUY R. HUMPHREY, United States Bankruptcy Judge.

The issue presented is whether the exemption from “any form of means testing” provided by § 707(b)(2)(D), and particularly as broadened through the National Guard and Reservists Debt Relief Act of 2008, exempts a debtor from a motion to dismiss a Chapter 7 case pursuant to § 707(b)(3)(B) under the totality of circumstances based on the debtor’s ability to pay. This issue appears to be…