Bankr. No.:
04-50015
Chapter:
7
Date of Decision:
June 10, 2004
Issue:
Whether the United States Trustee was entitled to summary judgment on his motion to dismiss Debtor’s chapter 7 case for substantial abuse?
Ruling:
The United States Trustee was entitled to summary judgment. Using Debtor’s figures, the Court found Debtor had the ability to pay his unsecured creditors $18,798.36 over a three-year period or $35,903.40 over a five-year period and that either figure represented a substantial portion of Debtor’s total unsecured debt of $105,709.73. Thus, the Court concluded Debtor had the substantial ability to pay his creditors.
Full Bankruptcy Court Decision: