In re Harvey (Case No. 08-71684) 07/20/09
Debtor filed a motion for summary judgment in response to the United States Trustee’s motion to dismiss his Chapter 7 case pursuant to 11 U.S.C. § 707(b)(1). The U.S. Trustee sought dismissal of the Debtor’s Chapter 7 case for abuse and alleged that the presumption of abuse arose under 11 U.S.C. § 707(b)(2). The Debtor argued that the presumption of abuse did not arise because he deducted payments secured by property he intended to surrender.