In re Deutscher

419 B.R. 42 (2009)

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In re Deutscher

United States Bankruptcy Court for the Northern District of Illinois
419 B.R. 42 (2009)

  • Written by Ryan Hill, JD

Facts

The Deutschers (plaintiffs) filed for chapter 7 bankruptcy in 2008 with over $300,000 in secured debt and $60,000 in unsecured debt. Over half of the secured debt was owed on a yacht the Deutschers purchased in 2007. The Deutschers had incurred additional debts of $11,000 from the purchase of a boat and $30,000 from the purchase of a luxury automobile within the six months prior to filing. Mr. Deutscher claimed to be unemployed during the periods these purchases were made. The chapter 7 trustee filed a motion to dismiss the Deutschers’ petition.

Rule of Law

Issue

Holding and Reasoning (Barbosa, J.)

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Casebooks

Debtors and Creditors

Key Terms

  • Totality-of-the-Circumstances TestA standard that considers all of the relevant facts and circumstances, rather than a few specific factors.
  • 11 U.S.C. § 707(b)(3)A provision of the United States Bankruptcy Code that allows dismissal of a petition if a debtor filed the petition in bad faith or failed the totality of the circumstances test.
  • Means TestA method of screening chapter 7 bankruptcy applicants based on the disposable income of the debtor under 11 U.S.C. § 707(b).

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