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In re Jacobs (Case No. 04-74235) 07/1/2005

United States Trustee's motion to dismiss for substantial abuse granted under section 707(b), subject to the debtors' right to convert the case to Chapter 13.  Upon review of the In re Green and In re Harrelson factors, the Court concluded that the debtors ran up large credit card balances and made consumer purchases significantly in excess of their ability to pay; their monthly budget was excessive and they inaccurately stated their income to a considerable degree in their bankruptcy schedules.  Addiitonally, the debtors had an ability to pay the majority of their debt within 3 years.  (Note: Opinion is dated July 1, 2004, but the correct date is July 1, 2005.)

Date: 
Friday, July 1, 2005
Category: 
Bad Faith
Substantial Abuse
Chapter: 
7