In Re Walter Green, Debtor. Walter Green v. A. Gray Staples, Jr., Assistant 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.

• holding that in light of the presumption, ability to pay alone was not a sufficient basis for a finding of substantial abuse
• indicating that the ability to pay is the “primary” factor to be considered, but holding that it should be considered alongside other factors
• noting Section 707(b) allows “a bankruptcy court to deal equitably with the situation in which an unscrupulous debtor seeks to gain the court’s assistance in a scheme to take unfair advantage of his creditors”
• noting Section 707(b) allows “a bankruptcy court to deal equitably with the situation in which an unscrupulous debtor seeks to gain the court’s assistance in a scheme to take unfair advantage of his creditors”
• ‘‘[S]olvency alone is not a sufficient basis for a finding that the debtor has in fact substantially abused the provisions of Chapter 7.”
• “[T]he real concern behind Section 707(b) [is] abuse of the bankruptcy process by a debtor seeking to take unfair advantage of his creditors.”

Source: CourtListener parenthetical corpus (CC0).