United States Trustee v. Hilmes

ORDER REVERSING AND REMANDING BANKRUPTCY COURT’S DENIAL OF TRUSTEE’S MOTION TO DISMISS

TERRY R. MEANS, District Judge.

Before the Court is the appeal of the United States Trustee (“the Trustee”) in this chapter 7 case. The Trustee appeals the bankruptcy court’s denial of his motion to dismiss this case for abuse under 11 U.S.C. § 707(b)(3). After review, the Court concludes that the bankruptcy court applied an erroneous standard in ruling on the Trustee’s motion to dismiss under section 707(b)(3)(B) and failed to properly consider a number of relevant factors highlighted by the Trustee.…