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In re Turner (Case No. 08-60030) 03/17/2009

The Court denied the United States Trustee's motion to dismiss the case under 11 U.S.C. § 707(b)(1) & (3). The Court considered whether it would be an abuse of the provisions of chapter 7 to allow the debtors to continue prosecuting their case under chapter 7. After considering the debtors' disoposable income and the deductions reasonably necessary for their support, the court held that it would not be an abuse of the provisions of chapter 7 for the debtors to prosecute this case under chapter 7.

Date: 
Tuesday, March 17, 2009
Category: 
Abusive Filings
Burden of Proof
Chapter 7 Issues
Disposable Income
Chapter: 
7