Legal Opinion

In Re Lindstrom

United States Bankruptcy Court, D. Colorado

Decided December 12, 2007No. 19-10953PublishedCited by 12 opinions

1Opinion of the Court

ORDER

ELIZABETH E. BROWN, Bankruptcy Judge.

THIS MATTER comes before the Court on the Motion to Dismiss, filed by the United States Trustee (“UST”) and the Debtor’s response. Under changes made by the Bankruptcy Abuse Prevention and Consumer Protection Act (“BAPCPA”), a debtor’s Chapter 7 case may be dismissed under 11 U.S.C. § 707(b) if a court finds that the granting of relief would be “an abuse” of the provisions of Chapter 7. Under subsection 707(b)(2), a “presumption of abuse” will arise if a debtor fails to meet the so-called “Means Test.” 1 The Means Test essentially gauges a debtor’s…

2Cases cited19 opinions

  1. In Re HardacreUnited States Bankruptcy Court, N.D. Texas · 2006
  2. In Re NockertsUnited States Bankruptcy Court, E.D. Wisconsin · 2006
  3. United States Trustee v. CortezCourt of Appeals for the Fifth Circuit · 2006
  4. In Re HarrisUnited States Bankruptcy Court, E.D. Oklahoma · 2006
  5. In Re Skaggs, Richard & ConnieUnited States Bankruptcy Court, E.D. Missouri · 2006

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

3Cited by12 opinions

  1. In Re JamesUnited States Bankruptcy Court, S.D. Georgia · 2008
  2. In Re WilletteUnited States Bankruptcy Court, D. Vermont · 2008
  3. In Re HossUnited States Bankruptcy Court, D. Kansas · 2008
  4. In Re LongUnited States Bankruptcy Court, E.D. Texas · 2008
  5. In Re PolinghornUnited States Bankruptcy Court, N.D. Ohio · 2010

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

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