DeAngelis v. Ramsay (In Re Ramsay)

OPINION

MARY D. FRANCE, Chief Judge.

Before me is the Motion of the United States Trustee (“UST”) to dismiss the chapter 7 bankruptcy case of Stephen Ramsay (“Debtor”) under 11 U.S.C. § 707(b)(3). The UST argues that granting Debtor relief under chapter 7 would constitute abuse because Debtor can afford to repay a significant proportion of his unsecured debt through a chapter 13 plan. The UST’s argument is based largely on the allegation that Debtor’s mortgage and vehicle expenses are excessive. The UST also avers that Debtor underreported his monthly income on schedule I. Debtor responds that…