Legal Opinion
In Re Restea
United States Bankruptcy Court, D. South Dakota
Decided July 22, 1987No. 19-40046PublishedCited by 14 opinions
1Opinion of the Court
MEMORANDUM DECISION
PEDER K. ECKER, Bankruptcy Judge.
INTRODUCTION
This matter is before the Court on a motion to dismiss a Chapter 7 case under Bankruptcy Code Section 707(b) filed by Attorney Andrew J. Schmid on behalf of United States Trustee William P. Westphal (“Trustee”) on March 16, 1987. Trustee substantively alleges that because George and Georgeta Restea’s (“debtors’ ”) debts are primarily consumer debts and granting them relief under Chapter 7 constitutes “substantial abuse” pursuant to Bankruptcy Code Section 707(b), their case should be dismissed. Debtors conversely contend that the…
2Cases cited8 opinions
- Consumer Product Safety Commission v. GTE Sylvania, Inc.Supreme Court of the United States · 1980
- In Re BryantUnited States Bankruptcy Court, W.D. North Carolina · 1984
- In Re BellUnited States Bankruptcy Court, E.D. Michigan · 1986
- In Re Erickson PartnershipUnited States Bankruptcy Court, D. South Dakota · 1987
- In Re AlmendingerUnited States Bankruptcy Court, N.D. Ohio · 1985
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- In the Matter of Donald J. Booth and Carolyn B. Booth, Debtors. Donald J. Booth and Carolyn B. BoothCourt of Appeals for the Fifth Circuit · 1988
- In Re ClarkCourt of Appeals for the Fourth Circuit · 1991
- Stewart v. United States Trustee (In Re Stewart)Bankruptcy Appellate Panel of the Tenth Circuit · 1997
- In Re Erickson PartnershipUnited States Bankruptcy Court, D. South Dakota · 1987
- In Re PraleikasUnited States Bankruptcy Court, W.D. Missouri · 2000
9 more not listed; retrieve them via the Exa API.