Heller v. Foulston (In Re Heller)

MEMORANDUM AND ORDER

CROW, District Judge.

H. Craig Heller appeals the bankruptcy court’s decision granting the United States Trustee’s motion to dismiss Heller’s Chapter 7 petition under 11 U.S.C. § 707(b). Specifically, the bankruptcy court found that Heller had “substantially abused” the provisions of Chapter 7 because Heller would have surplus disposable income available to repay creditors for which a Chapter 7 discharge was sought. Heller challenges not only the bankruptcy court’s factual finding that his petition is a substantial abuse of the Chapter 7, but also the test applied by the…