United States Fourth Circuit

In a dispute arising form a Chapter 7 bankruptcy proceeding, judgment of the district court dismissing petition on the grounds of abuse, 11 U.S.C. section 707(b)(3), is affirmed where district court properly concluded that under Staples v. Green, the totality of petitioners' financial situation evidenced an abuse of Chapter 7 even though petitioners' expenses, when subtracted from their income, left a monthly net income that was insufficient to trigger a presumption of abuse under section 707(b)(2).

Appellate Information

• Decided 05/03/2011
• Published 05/03/2011

Judges

• BERGER

Court

• United States Fourth Circuit

Counsel

• For Appellant:
  
• Joseph Edward Mitchell, III, Catherine Bentley Sevcenko