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In re Pamyla Hefner

Bankr. No.: 
00-40944
Chapter: 
7
Date of Decision: 
May 8, 2001
Issue: 
Whether the United States Trustee was entitled to a judgment on the pleadings regarding her motion to dismiss for substantial abuse.
Ruling: 
When the United States Trustee’s motion to dismiss and Debtor’s response alone are considered, the United States Trustee was entitled to dismissal. These pleadings showed that Debtor had the ability to fund a Chapter 13 plan. However, in her response to the United States Trustee’s motion for judgment on the pleadings, Debtor advised the Court of changes in her financial circumstances that might affect her ability to fund a Chapter 13 plan. Therefore, the United States Trustee’s motion for judgment on the pleadings was denied and Debtor was ordered to amend her response to the motion to dismiss.
Full Bankruptcy Court Decision: