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Legal Opinion

In Re Fredman

United States Bankruptcy Court, S.D. Illinois

Decided May 31, 2012No. 19-40119PublishedCited by 11 opinions

1Opinion of the Court

OPINION

LAURA K. GRANDY, Bankruptcy Judge.

In a matter of first impression in this District, the Court is asked to decide whether above-median chapter 7 debtors, in performing the means test, may deduct mortgage payments on real estate that they intend to surrender. In this case, the United States Trustee (UST) is challenging the debtors’ decision to proceed in a chapter 7 case as an abuse of the Bankruptcy system as defined in 11 U.S.C. §§ 707(b)(1), (b)(2) and (b)(3) of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. The Court must decide first whether the debtors may…

2Cases cited39 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Caminetti v. United StatesSupreme Court of the United States · 1917
  3. Lamie v. United States TrusteeSupreme Court of the United States · 2004
  4. Griffin v. Oceanic Contractors, Inc.Supreme Court of the United States · 1982
  5. Batterton v. FrancisSupreme Court of the United States · 1977

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3Cited by11 opinions

  1. In re PetersonUnited States Bankruptcy Court, S.D. Indiana · 2015
  2. In re PalmerUnited States Bankruptcy Court, D. Colorado · 2015
  3. In re JohnsonUnited States Bankruptcy Court, N.D. Indiana · 2013
  4. In re FerreiraUnited States Bankruptcy Court, E.D. California · 2016
  5. In re PlichtaUnited States Bankruptcy Court, N.D. Illinois · 2018

6 more not listed; retrieve them via the Exa API.

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