Legal Opinion

In Re Perrotta

United States Bankruptcy Court, D. New Hampshire

Decided June 17, 2008No. 14-10020PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM OPINION

J. MICHAEL DEASY, Bankruptcy Judge.

I. INTRODUCTION

Before the Court is a Motion to Dismiss Motion of United States Trustee for Order Dismissing Case Under 11 U.S.C. § 707(b)(2) or 11 U.S.C. § 707(b)(3) 1 (Doc. No. 47) (the “Motion”) filed by the Debtor. In the Motion, the Debtor requests that the Court dismiss the UST Motion because the United States Trustee (“UST”) failed to file timely a statement of presumed abuse required under § 704(b)(1)(A) of the Bankruptcy Code 2 and, therefore, she is precluded from filing any motion to dismiss the Debtor’s case by virtue of §…

2Cases cited11 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. First USA v. LamannaCourt of Appeals for the First Circuit · 1998
  3. In Re HartwickUnited States Bankruptcy Court, D. Minnesota · 2006
  4. In Re SingletaryUnited States Bankruptcy Court, S.D. Texas · 2006
  5. In Re HartwickUnited States Bankruptcy Court, D. New Hampshire · 2007

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3Cited by3 opinions

  1. Fokkena v. Draisey (In Re Draisey)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2008
  2. In Re FennellUnited States Bankruptcy Court, D. South Carolina · 2008
  3. In Re MendezUnited States Bankruptcy Court, D. New Mexico · 2009

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