D. Massachusetts· 9/26/2007

In Re Hayes

Citations

376 B.R. 55
2007 Bankr. LEXIS 3252
2007 WL 2815983

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 provision is “‘forward-looking’ in the sense that it takes into account payments” required in the future, but that “it is clear from the plain language of the provision that this determination is to be made at the time the petition is filed ”
noting that the provision is \`forward-looking' in the sense that it takes into account payments\ required in the future, but that \it is clear from the plain language of the provision that this determination is to be made at the time the petition is filed \
“Nothing in the phrase ‘following the date of the petition’ suggests that the calculation must include only those payments actually made. Instead, the phrase modifies the preceding portion of the statute which refers to those payments that are ‘scheduled as contractually due.’ ”
“Nor does declaring an intention to ultimately surrender property to the creditor abrogate a debtor’s contractual obligations.”
“It cannot be fairly said, therefore, that Congress was overly-concerned with capturing an accurate, precise financial picture to determine whether the case would be presumed abusive.”
chapter 7 case; intent to surrender mortgaged property

Source: CourtListener parenthetical corpus (CC0).

Judges: Henry J. Boroff

Read full opinion on CourtListener

Cited by

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

Cites

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

Other cases with this 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.