(Bankr. S.D. Ind. Jan. 4, 2016)
The bankruptcy court denies the United States Trustee’s (“UST”) motion to dismiss the Chapter 7 bankruptcy case under 11 U.S.C. § 707(b). The UST did not argue that the debtor filed in bad faith, but instead the totality of the circumstances of the debtor’s financial situation warranted dismissal. The debtor scheduled significant monthly retirement payments and tax overpayments that the UST contended could be used to fund a Chapter 13 plan. The court finds that the circumstances here did not warrant dismissal, in part due to the debtor’s age and retirement savings to date. Opinion below.
Author: Matt Lindblom