Legal Opinion
In Re Stewart
United States Bankruptcy Court, D. Oregon
Decided March 16, 2009No. 08-33275PublishedCited by 5 opinions
1Opinion of the Court
AMENDED MEMORANDUM OPINION
RANDALL L. DUNN, Bankruptcy Judge.
Emily Hawkins (“Hawkins”), an unsecured creditor, 1 moved to dismiss the debtors’ (the “Stewarts”) bankruptcy case un der § 707(b)(2) and (b)(3) 2 on the grounds that the Stewarts’ case is an abuse of the provisions of chapter 7. 3
Having listened to testimony and argument from both parties and considered the record, including relevant documents from the docket and relevant legal authorities, I deny Hawkins’s motion to dismiss under § 707(b)(2) and § 707(b)(3)(B) for the following reasons.
Background
The Stewarts filed their chapter 7…
2Cases cited29 opinions
- Connecticut National Bank v. GermainSupreme Court of the United States · 1992
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
- Hartford Underwriters Insurance v. Union Planters Bank, N. A.Supreme Court of the United States · 2000
- Hughes Aircraft Co. v. JacobsonSupreme Court of the United States · 1999
- Toibb v. RadloffSupreme Court of the United States · 1991
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3Cited by5 opinions
- In re: Christopher Dean Ng and Sheila Marie NgUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2012
- In Re PerelmanUnited States Bankruptcy Court, E.D. New York · 2009
- In re SutticeUnited States Bankruptcy Court, C.D. California · 2013
- In Re DaughertyUnited States Bankruptcy Court, N.D. Texas · 2009
- In Re StubblefieldUnited States Bankruptcy Court, D. Oregon · 2010