In re Mordis 06-42590

Whether or not the repayment of a 401(k) loan could be used on the means-test to avoid substantial abuse. Judge MacDonald decided that the 401(k) repayment are not the type of expenses that should be deducted from the income when calculating substantial abuse under §707(b)(2)(A)(ii),(iii), or (iv).

Date of decision: 10/9/07

For the full opinion click here.

In re Perrotta, 2007 BNH 042

Denying the United States Trustee’s motion to dismiss the debtor’s case under 11 U.S.C. § 707(b)(1) and (2) as the United States Trustee had not satisfied the requirements of 11 U.S.C. § 704(b)(1)(A) because she did not file a statement within ten days after the date of the first meeting of creditors indicating that the debtor’s case would be presumed to be an abuse under 11 U.S.C. § 707 but rather filed a statement within that time frame indicating only that she was unable to determine whether the debtor’s case would be presumed to be an abuse; permitting the United States Trustee to proceed with her motion to dismiss the debtor’s case under 11 U.S.C. § 707(b)(3) based on the totality of the circumstances.

Date of decision: 11/21/07

For full opinion click here.