In Re Skvorecz
United States Bankruptcy Court, D. Colorado
1Opinion of the Court
ORDER DENYING U.S. TRUSTEE’S MOTION TO DISMISS CHAPTER 7 CASE UNDER 11 U.S.C. § 707
A. BRUCE CAMPBELL, Bankruptcy Judge.
The United States Trustee (“UST”) filed a Motion to Dismiss Chapter 7 case under 11 U.S.C. § 707(b)(1) and (2) (“Motion”). The UST filed his Motion arguing that: (1) calculations in Debtor’s Form B22A, (Statement of Current Monthly Income and Means Test Calculation For Use In Chapter 7 Only) (“Form B22A”) raise the presumption of abuse created by section 707(b)(2); (2) Debtor has not rebutted that presumption by showing any “special circumstances;” and (3) accordingly, this…
2Cases cited3 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Caminetti v. United StatesSupreme Court of the United States · 1917
- Landreth Timber Co. v. LandrethSupreme Court of the United States · 1985
3Cited by14 opinions
- Hamilton v. Lanning (In Re Lanning)Court of Appeals for the Tenth Circuit · 2008
- In Re SmithUnited States Bankruptcy Court, C.D. Illinois · 2008
- In Re LittmanUnited States Bankruptcy Court, D. Idaho · 2007
- In Re SilerUnited States Bankruptcy Court, W.D. North Carolina · 2010
- In Re MravikUnited States Bankruptcy Court, E.D. Wisconsin · 2008
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