Legal Opinion
In Re Smale
United States Bankruptcy Court, D. Delaware
Decided June 9, 2008No. 19-10444PublishedCited by 7 opinions
1Opinion of the Court
OPINION 2
CHRISTOPHER S. SONTCHI, Bankruptcy Judge.
Before the Court is the Motion of the United States Trustee to Dismiss Case Pursuant To 11 U.S.C. § 707(b)(2) Or, Alternatively, Pursuant To 11 U.S.C. § 707(b)(3) [D.I. 13] (the “Motion to Dismiss”). The United States Trustee argues that a presumption of abuse arises under section 707(b)(2) of the Bankruptcy Code that has not been rebutted by the debtor because if one gives effect to the debtor’s declared intention to surrender three of his four vehicles his monthly disposable income will be higher than allowed under the means test established…
2Cases cited18 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Connecticut National Bank v. GermainSupreme Court of the United States · 1992
- Caminetti v. United StatesSupreme Court of the United States · 1917
- 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
13 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- In Re RiversUnited States Bankruptcy Court, M.D. Florida · 2012
- In Re RalstonUnited States Bankruptcy Court, M.D. Florida · 2009
- In Re JamesUnited States Bankruptcy Court, S.D. Georgia · 2008
- In Re StewartUnited States Bankruptcy Court, D. Oregon · 2009
- Credito Real, S.A.B. de C.V., SOFOM, E.N.R. and Robert WagstaffUnited States Bankruptcy Court, D. Delaware · 2025
2 more not listed; retrieve them via the Exa API.