Bankr. No.:
89-30026
Chapter:
7
Date of Decision:
October 13, 1989
Issue:
Whether inclusion of debtors' $780.00 monthly church tithe constituted a substantial abuse of Chapter 7.
Ruling:
(1) Debtors' counsel's attempt to raise an argument for the first time in a post-hearing brief where the argument was never previously raised constitutes a waiver of that issue. (2) Debtors' inclusion of a $780.00 monthly church tithe in their Chapter 7 schedules constitutes a substantial abuse of Chapter 7 of the Code.
Full Bankruptcy Court Decision: