· 4/26/2007
In Re dePellegrini
Citations
- 365 B.R. 830
- 2007 Bankr. LEXIS 1622
- 2007 WL 1429037
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that pre-BAPCPA cases are still instructive under § 707(b)(3)
- finding that pre-BAPCPA cases are still instructive under § 707(b)(3)
- “The Debtor’s contention that he ‘passed’ the means test of § 707(b)(2) is not a defense to a § 707(b)(3) motion to dismiss.”
- ability to pay may be considered but does not dictate dismissal if other factors weigh against it
- debtor wished to give his two adult sons the same lifestyle they had before debtor’s divorce
- “Where a presumption of abuse arises, a motion to dismiss under § 707(b)(2) must be filed within 30 days after the filing of the § 704(b)(1) statement. However, where there is no presumption of abuse, a motion to dismiss under § 707(b)(3
Source: CourtListener parenthetical corpus (CC0).
Judges: Aug
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