In re Challis

(Bankr. S.D. Ind. Jan. 31, 2018)

The bankruptcy court grants the U.S. Trustee’s motion to dismiss pursuant to 11 U.S.C. §§ 707(b)(1) and (2). The bankruptcy court concludes that the presumption of abuse arises based on the Debtors’ schedules and the submitted means test form. The debtors failed to rebut the presumption, despite their arguments that deductions to their monthly income should be made due to special circumstances. Opinion below.

Judge: Carr

Attorney for Debtors: Steven P. Taylor

2018-01-31 – in re challis

Author: Matt Lindblom

In re Melcher

(Bankr. E.D. Ky. Sep. 8, 2017)

The bankruptcy court grants the creditor’s motion to dismiss the Chapter 7 case because the debtor failed to rebut the “presumption of abuse.” The debtor argued she should be permitted to file under Chapter 7 because of special circumstances, pursuant to § 707(b)(2)(B). The debtor argued that she was a “stockbroker” and thus not eligible for Chapter 11 or 13. However, the court determines that she is not a stockbroker because she is merely an employee, rather than a stockbroker as defined by § 101. Opinion below.

Judge: Wise

Attorney for Debtor: Stuart P. Brown

Attorney for Creditor: Nicholas A. Zingarelli

2017-09-08 – in re melcher

Author: Matt Lindblom