Legal Opinion
In re Terzo
United States Bankruptcy Court, N.D. Illinois
Decided November 26, 2013No. 13-04073PublishedCited by 6 opinions
1Opinion of the Court
MEMORANDUM OPINION ON UNITED STATES TRUSTEE’S & FIRST MERITBANK’S MOTIONS TO DISMISS BANKRUPTCY CASE
JACK B. SCHMETTERER, Bankruptcy Judge.
The debtors filed for bankruptcy relief under chapter 7. The United States Trustee (“the UST”) and FirstMerit Bank, N.A. (“FirstMerit”) filed motions to dismiss the case as an abuse of chapter 7 under § 707(b). Movants assert both that Debtors had primarily consumer debt, and that a presumption of abuse arises under § 707(b)(2). Debtor argues that Debtors do not have primarily consumer debt, and that § 707(b) does not apply.
After the matter was briefed by…
2Cases cited6 opinions
- Stern v. MarshallSupreme Court of the United States · 2011
- John T. Russell v. Acme-Evans Company, Adm Milling Company, and Archer-Daniels-Midland CompanyCourt of Appeals for the Seventh Circuit · 1995
- Gates v. Caterpillar, Inc.Court of Appeals for the Seventh Circuit · 2008
- Steven J. Albrechtsen v. Board of Regents of the University of Wisconsin System, Cross-Appellee, and H. Gaylon GreenhillCourt of Appeals for the Seventh Circuit · 2002
- In Re Key Auto Liquidation Center, Inc.United States Bankruptcy Court, N.D. Florida · 2008
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- In re PetersonUnited States Bankruptcy Court, S.D. Indiana · 2015
- In re DeckerUnited States Bankruptcy Court, D. Alaska · 2015
- In re WattsUnited States Bankruptcy Court, N.D. Illinois · 2016
- In re SjogrenUnited States Bankruptcy Court, D. Massachusetts · 2017
- In re: Adam Scott EakinsUnited States Bankruptcy Court, N.D. Illinois · 2026
1 more not listed; retrieve them via the Exa API.