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In re Alther (Case No. 14-62429) 09/11/2015

The United States Trustee moved to dismiss the case, among other reasons, as presumptively abusive according to 11 U.S.C. § 707(b)(2).  The court concluded that issuance of a chapter 7 discharge to the debtors was presumptively abusive under Bankruptcy Code section 707(b)(2) and that the debtors had not rebutted the presumption.  Additionally, the court found that they failed to prove special circumstance deductions under 11 U.S.C. § 707(b)(2)(B).  The court granted the debtors an opportunity to convert to chapter 13, absent which the case would be dismissed.

Date: 
Wednesday, September 9, 2015
Category: 
Abusive Filings
Chapter 7 Issues
Conversion and Dismissal
Chapter: 
7