In re Plichta
United States Bankruptcy Court, N.D. Illinois
1Opinion of the Court
Thomas M. Lynch, United States Bankruptcy Judge
Consumers Credit Union ("Credit Union") seeks to dismiss the Debtors' joint Chapter 7 case for abuse under 11 U.S.C. § 707(b).1 (ECF No. 18.) The Credit Union first argues that the Debtors did not satisfy the means test prescribed by Section 707(b)(2), contending that they may not treat Credit Union's judgment debt as a secured debt and challenging certain deductions made in their calculations. It further argues that the totality of the circumstances reveals the Debtors' financial situation to be well above the median income of those similarly…
2Cases cited37 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
- Desert Palace, Inc. v. CostaSupreme Court of the United States · 2003
- Dewsnup v. TimmSupreme Court of the United States · 1992
- Nobelman v. American Savings BankSupreme Court of the United States · 1993
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