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In re Chapman (Case No. 05-71881) 03/31/2006

Court conditionally granted the United States Trustee's motion to dismiss the debtor's case for substantial abuse under section 707(b).  USTE alleged that debtors incurred excessive consumer debt at a time when they were not paying their existing consumer debt obligations and that they understated their petition date income in their schedules.  After analyzing the In re Green factors and In re Harrelson, Court held that the ability to repay is the primary factor to be considered in a substantial abuse case.   Court found that debtors did not have meaningful ability to pay their unsecured debt if they did what their statement of intention indicated (pay mortgage debt, vehicle debt and furniture debt).  However, the debtors had not reaffirmed such debt.  Filing was found to be abusive as to several obligations incurred prior to filing bankruptcy.  Court denied the USTE's motion upon the condition that the debtors execute and file reaffirmation agreements for certain obligations.  If the debtors failed to reaffirm such debt or convert their case to chapter 13 within the required time, then the case will be dismissed.   Case controlled by law in effect prior to adoption of BAPCPA.

Date: 
Friday, March 31, 2006
Category: 
Conversion and Dismissal
Reaffirmation
Substantial Abuse
Chapter: 
7