United States Sixth Circuit

Debtors' voluntary Chapter 7 petition was properly dismissed for "substantial abuse" under Bankruptcy Code section 707(b). 401K contributions were properly included as disposable income for purposes of determining the debtors' ability to pay their creditors out of future earnings.

Appellate Information

• Argued 01/28/2004
• Decided 02/20/2004
• Published 02/20/2004

Judges

• Before BOGGS, Chief Circuit Judge;  GUY, Circuit Judge;  HOOD, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Stephen D. Hobt (argued and briefed), Cleveland, OH, for Appellants.


• For Appellees:
  
• P. Matthew Sutko (argued), Department of Justice, Washington, D.C., Derrick Rippy (briefed), U.S. Dept. of Justice, Cleveland, OH, for Appellee.