United States Ninth Circuit

Bankruptcy court was justified in dismissing a Chapter 7 petition for substantial abuse pursuant to 11 U.S.C. section 707(b), based on findings that the debtor had primarily consumer debts and had the ability to fund a Chapter 13 plan, despite evidence that the debt to be discharged consisted primarily of commercial debt.

Appellate Information

• Argued 10/06/2003
• Decided 01/07/2004
• Published 01/07/2004

Judges

• THOMAS, Circuit Judge., Before MARY M. SCHROEDER, Chief Judge, SIDNEY R. THOMAS, and RICHARD R. CLIFTON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• John A. White, Jr., Reno, NV, for the appellant.


• For Appellees:
  
• Nicholas Strozza and William B. Cossitt, Office of the United States Trustee, United States Department of Justice, Reno, NV, for the appellee.