Bankr. No.:
05-50209
Chapter:
7
Date of Decision:
September 26, 2005
Issue:
Whether Debtors’ Chapter 7 case should be dismissed for substantial abuse under § 707(b) where Debtors were making mortgage payments of $2,283.68 per month on a home valued at $378,000.00?
Ruling:
The motion was granted and Debtors were given the option of converting to Chapter 13. The Court concluded it would be a substantial abuse of the Chapter 7 process to let Debtors discharge unsecured debt when they were purchasing a home of such value.
Full Bankruptcy Court Decision:
