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Ninth Circuit· 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 CourtListener

Cited by

35 cases in this archive cite this case; the 20 most cited are listed.

Cites

28 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Egebjerg v. Anderson

1 other CourtListener record shares this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.