In re Stubblefield, Case No. 09-38572-rld7 (June 21, 2010)11 USC §707(b)(3)(B), abuse of chapter 7, totality of circumstances
The court held the debtor's case was an abuse of chapter 7. The debtor was a financially sophisticated woman whose income, while it had declined since 2007, was still substantial at the time of her bankruptcy filing and would allow her to propose a chapter 13 plan that would result in significant payment to creditors. The court considered the factors set forth in In re Price, 353 F3d 1135 (9th Cir 2004), in reaching this conclusion. The debtor’s ability to pay a substantial portion of her unsecured debt was of primary importance. Click here to view all Opinions. Click here to return to the home page.
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