United States Ninth Circuit

Dismissal of a petition for Chapter 7 bankruptcy is affirmed where private disability insurance benefits are income that should be included in petitioners' current monthly income under the statutory means test, and with the benefits included the petitioners' current monthly income was high enough to trigger a presumption of abuse.

Appellate Information

• Argued 12/11/2008
• Decided 01/23/2009
• Published 01/23/2009

Judges

• PER CURIAM:, Before:  B. FLETCHER, M. MARGARET McKEOWN, and NEIL M. GORSUCH , Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• David N. Chandler, Jr. (argued), David N. Chandler Sr., David N. Chandler, P.C., Santa Rosa, CA, for the debtors-appellants.


• For Appellees:
  
• Stephanie R. Marcus (argued), Peter D. Keisler, William Kanter, U.S. Department of Justice, Civil Division, Washington, D.C., Roberta A. DeAngelis, P. Matthew Sutko, David A. Levine, Office of the General Counsel, Executive Office for U.S. Trustees, U.S. Department of Justice, Washington, D.C.;  James A. Shepherd, Office of the U.S. Trustee, San Francisco, CA, for trustee-appellee.