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· 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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