In Re: Robert N. Kornfield and Karen E. Kornfield, Debtors. Robert N. Kornfield and Karen E. Kornfield v. Carolyn S. Schwartz, United States Trustee

How courts have described this case

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

• noting that even where ability to pay is considered the dispositive factor, the debtor’s personal circumstances are relevant
• noting with approval that the bankruptcy court had applied “a totality of circumstances test that was well within the mainstream of analysis used by other circuits”
• affirming dismissal on substantial abuse grounds based on ability to pay followed by analysis of the totality of the circumstances to determine presence of aggravating or mitigating factors
• affirming the bankruptcy court’s rejection of a per se ability to pay test
• pension plan with substantial assets relevant to debtors’ need to apply future income to retirement savings
• referring to the totality of circumstances test as “mainstream”

Source: CourtListener parenthetical corpus (CC0).