In Re Mestemaker

How courts have described this case

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

• dismissing the case under the totality of the circumstances, noting that the debtors were both employed with stable incomes, were eligible for Chapter 13 relief, and could pay unsecured creditors 10% to 15% over 60 months
• pre-BAPCPA case law is still helpful in determining abuse under § 707(b)(3)
• “Courts generally evaluate as a component of a debtor’s ability to pay whether there would be sufficient income in excess of reasonably necessary expenses to fund a Chapter 13 plan.” (internal citations omitted)
• “The plain meaning of the phrase ‘debtor’s financial situation’ must include a debtor’s actual income and expenses, since such information is the starting point for any analysis of an individual’s financial situation. There is no provision in § 707(b

Source: CourtListener parenthetical corpus (CC0).