In re Durczynski
United States Bankruptcy Court for the Northern District of Ohio
405 B.R. 880 (2009)
Mr. and Mrs. Durczynski (plaintiffs) filed for chapter 7 bankruptcy. The Durczynskis spent about $2,100 per month, which was approximately 40 percent of their monthly income, on their home expenses. Although the Durczynskis satisfied the means test for filing for chapter 7 bankruptcy, their home expenses were 2.5 times the amount allowed for a family of their size under the means-test formulation. The bankruptcy trustee moved to dismiss the petition as abusive.
Rule of Law
Holding and Reasoning (Speer, J.)
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