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In re Fenster (Case No. 03-05002) 7/14/2005

United States Trustee's motion to dismiss case under section 707(b) for substantial abuse denied. The Court found that the petition was filed as a result of a reasonably foreseeable business failure, consumer purchases were made beyond the debtor's means to pay for them, personal living expenses ($400,000 condominium) were excesssive and unreasonable in light of then existing circumstances and the debtor had ability to pay a reasonable portion of his earnings to creditors in a Chapter 11 case (as debtor was ineligible for Chapter 13).  However, after analyzing the In re Green and In re Harrelson factors, the Court found a fairly even split among the totality of the circumstances factors, which weighed in favor of the debtor.

Thursday, July 14, 2005
Substantial Abuse