Bankr. No.:
00-10183
Chapter:
7
Date of Decision:
May 7, 2001
Issue:
Whether Debtors’ Chapter 7 case should be dismissed for substantial abuse?
Ruling:
Substantial abuse was found. If moneys now used by Debtors to repay retirement account loans and student loans and to fund the retirement account were applied to all unsecured debt, excluding the retirement account loans, Debtors could fund a Chapter 13 plan. Debtors were given a few days to voluntarily convert to Chapter 13 in lieu of dismissal. Whether private school tuition for Debtors’ minor children is an appropriate expense will be considered, if necessary, at the time a Chapter 13 plan is confirmed.
Full Bankruptcy Court Decision:
