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In re Moriarty (Case No. 13-51437) 05/18/2015

United States Trustee sought dismissal or conversion of the debtor's case under the totality of the circumstances test of section 707(b)(3)(B) based on her substantial monthly Social Security benefits.  Court held on motion for partial summary judgment that because it could not consider such income in chapter 13, based on the definition in the Bankruptcy Code of "current monthly income" and the Fourth Circuit's opinion in Mort Ranta v. Gorman, it follows that the Court was unable to consider such income for purposes of the totality of the circumstances test as well.  

Date: 
Monday, May 18, 2015
Category: 
Abusive Filings
Bad Faith
Chapter 7 Issues
Conversion and Dismissal
Current Monthly Income
Disposable Income
Means Test
Chapter: 
7