Schubert 2008 WL 857466 (Bankr.S.D.Ohio)

Granting of Chapter 7 relief would have been an "abuse" under the totality of the circumstances.

Under the totality of the circumstances, the granting of relief to the debtors would have been an "abuse" of the provisions of Chapter 7, such that dismissal of their case was warranted, an Ohio bankruptcy court has ruled. Both debtors had excellent jobs that would provide a stable source of future income, the court observed. The debtors' combined gross annual income of $102,122.00 was sizeable, and the debtors, through a tax refund, an adjustment in their withholding, and/or reduced spending on housing and/or vehicles and/or general daily belt-tightening, had the ability to make a monthly payment of at least $250.00. Therefore, they had the ability to pay unsecured creditors a meaningful percentage without depriving themselves or their children of adequate necessities. Finally, the court noted, the debtors' bankruptcy was not caused by an unforeseen or catastrophic event but, rather, by one or both of the debtors' desire to have jobs with more predictable hours at less pay, and their reluctance to change their lifestyle to match their reduced income.