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In re Abdul T. Ward

Bankr. No.: 
00-40098
Chapter: 
12
Date of Decision: 
July 20, 2000
Issue: 
Whether case should be dismissed under § 707(a)?
Ruling: 
Case was not dismissed. There was no evidence that Debtor filed bankruptcy only to force his estranged wife to also file bankruptcy or to thwart pending divorce proceeding. Debtor's financial circumstances warranted Chapter 11 relief. Further, estranged wife could file the appropriate non dischargeability complaint to address property settlement debts in dispute and the U.S. Trustee could file a motion to dismiss under § 707(b) if Debtor had the ability to fund a Chapter 13 plan.
Full Bankruptcy Court Decision: