Bankr. No.:
05-50434
Chapter:
7
Date of Decision:
December 23, 2005
Issue:
Whether the Court should consider Debtor’s live-in boyfriend’s monthly income in determining Debtor’s monthly disposable income in connection with the United States Trustee’s motion to dismiss for substantial abuse under 11 U.S.C. § 707(b)?
Ruling:
When a motion to dismiss for substantial abuse is presented, the Court’s primary inquiry is whether the debtor has the ability to pay her creditors. The majority of courts appears to have decided a court should consider a live-in boyfriend’s or girlfriend’s income in determining a debtor’s "ability to pay" under 11 U.S.C. § 523(a)(15). The Court will do the same in determining a debtor’s "ability to pay" under § 707(b).
Full Bankruptcy Court Decision:
