Blausey v. U.S. Trustee
Court of Appeals for the Ninth Circuit
1Per curiam
John and Deann Blausey appeal the bankruptcy court’s dismissal of their petition for Chapter 7 bankruptcy. The bankruptcy court granted the U.S. Trustee’s motion to dismiss the case pursuant to 11 U.S.C. § 707(b)(2), a provision of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPC-PA”), which allows the U.S. Trustee to move for dismissal where a statutory means test demonstrates a presumption of abuse. The bankruptcy court held that the $4,000 per month in disability insurance benefits that Mrs. Blausey received from her private insurer should have been included in…
2Cases cited6 opinions
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
- Weber v. United States TrusteeCourt of Appeals for the Second Circuit · 2007
- In Re Frank Salazar in Re Margaret Salazar, Debtors, Frank Salazar Margaret Salazar v. Kathleen A. McDonald Armando Flores Christine FloresCourt of Appeals for the Ninth Circuit · 2005
- Drummond v. Wiegand (In Re Wiegand)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2008
- In Re RoyalUnited States Bankruptcy Court, N.D. Illinois · 2008
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