Legal Opinion
In re Layton
United States Bankruptcy Court, M.D. Florida
Decided October 19, 2012No. 8:10-bk-02014-MGWPublishedCited by 8 opinions
1Opinion of the Court
MEMORANDUM OPINION ON UNITED STATES TRUSTEE’S MOTION TO DISMISS
MICHAEL G. WILLIAMSON, Bankruptcy Judge.
Bankruptcy Code § 707(b)(1) provides for the dismissal or voluntary conversion of a “case filed by an individual debtor under this chapter [i.e., chapter 7] whose debts are primarily consumer debts ... if [the Court] finds that the granting of relief would be an abuse of the provisions of [chapter 7].”1 A presumption of abuse arises where a chapter 7 debtor fails the Means Test.2
It is undisputed in this case that the Debtor fails the Means Test and a presumption of abuse arises. However, the…
2Cases cited17 opinions
- Chambers v. Nasco, Inc.Supreme Court of the United States · 1991
- 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
- Gustafson v. Alloyd Co.Supreme Court of the United States · 1995
- Marrama v. Citizens Bank of Mass.Supreme Court of the United States · 2007
12 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Stratton C. Pollitzer v. Guy G. GebhardtCourt of Appeals for the Eleventh Circuit · 2017
- In re DavisUnited States Bankruptcy Court, S.D. Georgia · 2013
- In re CroftUnited States Bankruptcy Court, W.D. Texas · 2015
- In re BurgherUnited States Bankruptcy Court, D. Colorado · 2015
- In re ReeceUnited States Bankruptcy Court, W.D. Virginia · 2013
3 more not listed; retrieve them via the Exa API.