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· 9/7/2012

In re: Christopher Dean Ng and Sheila Marie Ng

Citations

  • 477 B.R. 118

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • upholding a bankruptcy court’s use of discretion to consider debtor’s post-petition change of income in an inquiry under § 707(b)(1)
  • if 16 two views of the evidence are possible the trial judge's choice 17 between them cannot be clearly erroneous
  • relevant factor under totality analysis is whether debtor’s Schedules I and J misrepresent financial condition
  • if 16 two views of the evidence are possible the trial judge's choice 17 between them cannot be clearly erroneous
  • “Whether a debtor has the ability to repay creditors under § 707(b)(3)(B) is a question of fact that requires a bankruptcy court to examine the debtor’s actual income and expenses.”
  • dismissal under § 707(b). Factual 25 findings are clearly erroneous if they are illogical, implausible 26 or without support in the record. Retz v. Samson (In re Retz), 27 606 F.3d 1189, 1196 (9th Cir. 2010

Source: CourtListener parenthetical corpus (CC0).

Judges: Pappas, Jury, Hollowell

Read full opinion on CourtListener

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.