Bankr. No.:
01-50009
Chapter:
7
Date of Decision:
July 19, 2001
Issue:
Whether the United States Trustee was entitled to a judgment on the pleadings regarding her motion to dismiss for substantial abuse where the pleadings showed Debtor had around $2,800 per month to fund a Chapter 13 plan?
Ruling:
The motion was granted. The disposable income Debtor had available to pay creditors was calculated based on Debtor’s own exhibits regarding income and expenses. Further, there was no basis to consider Debtor’s soon-to-be ex-wife’s claims as priority claims when calculating the disposable income. Finally, even if one of the wife’s claims was treated as a priority claim, Debtor still had sufficient income to fund a Chapter 13 plan.
Full Bankruptcy Court Decision:
