Legal Opinion

In re Robinson

United States Bankruptcy Court, D. Colorado

Decided October 26, 2016No. Case No. 15-21797 HRTPublishedCited by 2 opinions

1Opinion of the Court

ORDER GRANTING MOTION TO DISMISS

Howard R; Tallman, Judge, United States Bankruptcy Court

This ease comes before the Court on United States Trustee’s Motion to Dismiss *354Chapter 7 Case under 11 U.S.C. § 707(b)(1), (2) and (3) (docket #19) (the “Motion”).

The United States Trustee (“UST”) contends that this chapter 7 case represents an abuse of the Bankruptcy Code under 11 U.S.C. § 707(b). According to the UST, the presumption of abuse arises under § 707(b)(2) because the majority of Debt- or’s debts are consumer debts and her disposable income over five years exceeds 25% of her non-priority…

2Cases cited6 opinions

  1. Stewart v. United States Trustee (In Re Stewart)Court of Appeals for the Tenth Circuit · 1999
  2. In Re dePellegriniUnited States Bankruptcy Court, S.D. Ohio · 2007
  3. In Re CrinkUnited States Bankruptcy Court, M.D. North Carolina · 2009
  4. In Re LipfordUnited States Bankruptcy Court, M.D. North Carolina · 2008
  5. In Re PfeiferUnited States Bankruptcy Court, D. Montana · 2007

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Palmer v. LayingDistrict Court, D. Colorado · 2016
  2. In re SmithUnited States Bankruptcy Court, W.D. Oklahoma · 2018

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