Legal Opinion
In Re Clark
United States Bankruptcy Court, E.D. Tennessee
Decided June 27, 2008No. 08-10741PublishedCited by 6 opinions
1Opinion of the Court
MEMORANDUM
R. THOMAS STINNETT, Bankruptcy Judge.
The United States trustee has filed a motion to dismiss the debtors’ bankruptcy case as an abuse of the bankruptcy law. Section 707(b) allows any party in interest to file a motion to dismiss on the ground of abuse. 11 U.S.C. § 707(b)(1). Section 707(b) then sets out two methods for ob taining dismissal of a case as an abuse. Section 707(b)(2) provides for dismissal when the facts create a presumption of abuse. When the presumption arises, the motion to dismiss will be granted unless the debtor introduces evidence to rebut the presumption. 11…
2Cases cited7 opinions
- In Re dePellegriniUnited States Bankruptcy Court, S.D. Ohio · 2007
- In Re DiGregorioUnited States Bankruptcy Court, N.D. Illinois · 1995
- In Re SpurgeonUnited States Bankruptcy Court, E.D. Tennessee · 2007
- In Re RobertsonUnited States Bankruptcy Court, D. Minnesota · 2007
- In Re ByrneUnited States Bankruptcy Court, W.D. Arkansas · 2007
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Fokkena v. Draisey (In Re Draisey)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2008
- In Re WiseUnited States Bankruptcy Court, D. Vermont · 2011
- In re PersaudUnited States Bankruptcy Court, E.D. New York · 2013
- In Re JasperUnited States Bankruptcy Court, E.D. Virginia · 2009
- Habbo Fokkena v. Geoff DraiseyUnited States Bankruptcy Appellate Panel for the Eighth Circuit · 2008
1 more not listed; retrieve them via the Exa API.