Legal Opinion

In Re Skvorecz

United States Bankruptcy Court, D. Colorado

Decided May 11, 2007No. 19-10647PublishedCited by 14 opinions

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

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Caminetti v. United StatesSupreme Court of the United States · 1917
  3. Landreth Timber Co. v. LandrethSupreme Court of the United States · 1985

3Cited by14 opinions

  1. Hamilton v. Lanning (In Re Lanning)Court of Appeals for the Tenth Circuit · 2008
  2. In Re SmithUnited States Bankruptcy Court, C.D. Illinois · 2008
  3. In Re LittmanUnited States Bankruptcy Court, D. Idaho · 2007
  4. In Re SilerUnited States Bankruptcy Court, W.D. North Carolina · 2010
  5. In Re MravikUnited States Bankruptcy Court, E.D. Wisconsin · 2008

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