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· 12/14/2006

In Re Nockerts

Citations

  • 357 B.R. 497
  • 2006 Bankr. LEXIS 3435
  • 2006 WL 3689465

How courts have described this case

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

  • requiring more than an ability to pay be shown to demonstrate abuse
  • “when applying an arbitrary test like the means test, which substitutes formulaic calculations for judicial discretion, resort to the ‘spirit’ of the law is inappropriate and leads to misapplication of the statute.”
  • same; despite pre-petition foreclosure and post-petition relief from stay

Source: CourtListener parenthetical corpus (CC0).

Judges: Susan v. Kelley

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.