In re Hlavin
United States Bankruptcy Court for the Southern District of Ohio
394 B.R. 441 (2008)
- Written by Jody Stuart, JD
Facts
Ross and Lenys Hlavin (debtors) purchased a home and obtained two home loans secured by a first and second mortgage. The Hlavins also accumulated debt from general expenses and pursuing unsuccessful business ventures. The Hlavins filed for Chapter 7 bankruptcy. At the time of the filing, if the home loans were classified as consumer debt, consumer debts equaled 59 percent of the Hlavins’ liabilities, including the amount owed on the home loans. Subsequently, the United States trustee requested dismissal of the bankruptcy case for abuse of the provisions of Chapter 7. The Hlavins responded with a motion for summary judgment, arguing that the home loans were nonconsumer debts because the loans were secured by home mortgages. The Hlavins acknowledged that the home loans were incurred primarily for a consumer purpose. The Hlavins did not assert that the home loans were for a business purpose or for any purpose other than a consumer purpose.
Rule of Law
Issue
Holding and Reasoning (Hoffman, J.)
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