In Re Haman
United States Bankruptcy Court, D. Delaware
1Opinion of the Court
MEMORANDUM OPINION 1
BRENDAN LINEHAN SHANNON, Bankruptcy Judge.
Before the Court is the Motion of the United States Trustee (“UST”) to Dismiss the chapter 7 case of Patricia Haman (the “Debtor”) pursuant to 11 U.S.C. § 707(b)(2) or, alternatively, pursuant to 11 U.S.C. § 707(b)(3) (the “Motion to Dismiss”). The Debtor opposes the Motion to Dismiss, conceding that the presumption of abuse has arisen pursuant to section 707(b)(2)(A) but asserting that the statutory presumption has been rebutted by her demonstration of a special circumstance justifying an additional expense under section…
2Cases cited33 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Connecticut National Bank v. GermainSupreme Court of the United States · 1992
- Duncan v. WalkerSupreme Court of the United States · 2001
- Caminetti v. United StatesSupreme Court of the United States · 1917
- Griffin v. Oceanic Contractors, Inc.Supreme Court of the United States · 1982
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3Cited by41 opinions
- Eisen v. ThompsonDistrict Court, N.D. Ohio · 2007
- In Re KnightUnited States Bankruptcy Court, N.D. Georgia · 2007
- In Re TurnerUnited States Bankruptcy Court, D. New Hampshire · 2007
- In Re CribbsUnited States Bankruptcy Court, S.D. Georgia · 2008
- In Re MartinUnited States Bankruptcy Court, C.D. Illinois · 2007
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