United States Ninth Circuit

In an appeal from the dismissal of Debtor's Chapter 7 bankruptcy petition under 11 U.S.C. section 707(b)(3), the dismissal is affirmed where Debtor improperly included a 401(k) repayment in the necessary expenses listed in his petition and thus abused the bankruptcy process.

Appellate Information

• Argued 03/12/2009
• Decided 05/29/2009
• Published 05/29/2009

Judges

• Before:  HAWKINS, MARSHA S. BERZON and RICHARD R. CLIFTON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Michael R. Totaro, Totaro & Shanahan, Pacific Palisades, CA, for the debtor-appellant.


• For Appellees:
  
• Kelsi Brown Corkran, Civil Division, Department of Justice, Washington, D.C., for the trustee-appellee.