· 8/3/2009
Egebjerg v. Anderson
Citations
- 574 F.3d 1045
- 9 Cal. Daily Op. Serv. 9747
- 2009 U.S. App. LEXIS 17566
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that the formula of Section 707(b)(2) is more commonly referred to as the “means test”
- noting that the statute is framed to consider the presumptive abuse question first and resorting to the totality of the circumstances analysis is only necessary if the debtor survives the means test
- “There is now no presumption favoring Chapter 7 relief, but an emphasis on repaying creditors as much as possible.”
- “[W]e presume that when Congress legislates, it is aware of past judicial interpretations and practices.”
- “[W]e presume that when Congress legislates, it is aware of past judicial interpretations and practices.”
- “There is now no presumption favoring Chapter 7 relief, but an emphasis on repaying creditors as much as possible.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Hawkins, Berzon, Clifton
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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