Bankr. No.:
01-40825
Chapter:
7
Date of Decision:
December 6, 2001
Issue:
Whether the United States Trustee’s motion for judgment on the pleadings regarding an earlier motion to dismiss for substantial abuse should be granted where the debtors’ schedules showed they had $119 per month in disposable income and where the debtors were also making voluntary retirement fund contributions of $156 per month?
Ruling:
The motion was granted. Utilizing both the $119 and $156 per month, the debtors could fund a meaningful Chapter 13 plan. Thus, the debtors were given the option of having their case dismissed under § 707(b) or they could voluntarily convert to Chapter 13.
Full Bankruptcy Court Decision:
