· 12/17/2008
Ross-Tousey v. Neary
Citations
- 549 F.3d 1148
- 61 Collier Bankr. Cas. 2d 257
- 2008 U.S. App. LEXIS 25803
- 2008 WL 5234070
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that the deadline for filing a motion to dismiss under Chapter 7 of the Bankruptcy Code was not jurisdictional
- concluding that the deadline for filing a motion to dismiss under Chapter 7 of the Bankruptcy Code was not jurisdictional
- noting that “it is difficult to square this part of section 707(b)(2)(A)(ii)(I) with the IRM approach, which would only allow the vehicle ownership deduction on condition of a monthly debt payment.”
- determining that the district court’s remand order and the 25 bankruptcy court’s order denying the U.S. Trustee’s motion to 26 dismiss under § 707(b)(2) and (b)(3)(B) were final
- stating that despite a ruling that allowed the debtor to take a deduction that reduced the debtor's income below the presumptively-abusive level under the means test, the trustee could still seek dismissal for abuse under section 707(b)(3)
- “Finality does not require the termination of the 2Indeed,the text of 28 U.S.C. § 158(a
Source: CourtListener parenthetical corpus (CC0).
Judges: Flaum, Rovner, Williams
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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