Legal Opinion

Blausey v. U.S. Trustee

Court of Appeals for the Ninth Circuit

Decided January 23, 2009No. 07-15955PublishedCited by 63 opinions

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

  1. Lamie v. United States TrusteeSupreme Court of the United States · 2004
  2. Weber v. United States TrusteeCourt of Appeals for the Second Circuit · 2007
  3. 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
  4. Drummond v. Wiegand (In Re Wiegand)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2008
  5. In Re RoyalUnited States Bankruptcy Court, N.D. Illinois · 2008

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3Cited by63 opinions

  1. HSBC Bank USA, National Ass'n v. Blendheim (In Re Blendheim)Court of Appeals for the Ninth Circuit · 2015
  2. Barrientos v. Wells Fargo Bank, N.A.Court of Appeals for the Ninth Circuit · 2011
  3. Egebjerg v. AndersonCourt of Appeals for the Ninth Circuit · 2009
  4. In Re TurnerCourt of Appeals for the Seventh Circuit · 2009
  5. Smith v. Rojas (In Re Smith)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2010

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

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