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U.S. BANKRUPTCY COURT, WDNY – Presumption of Abuse: In re Jeffrey R. Howell and Rebecca L. Howell
Daily Record Staff//September 28, 2012//
U.S. BANKRUPTCY COURT, WDNY – Presumption of Abuse: In re Jeffrey R. Howell and Rebecca L. Howell
Daily Record Staff//September 28, 2012//
Listen to this articleU.S. BANKRUPTCY COURT, WDNY
Presumption of Abuse
Student Loans — Special Circumstances
In re Jeffrey R. Howell and Rebecca L. Howell
11-12685B
Judge Bucki
Background: In this Chapter 7 case, the trustee moved to dismiss on the grounds that granting a bankruptcy in favor of the debtors would constitute abuse. At issue was whether the obligation to pay a non-dischargeable student loan can serve as the kind of special circumstance that would overcome the statutory presumption of abuse.
Ruling: The court denied the motion. The court held that the non-dischargeable student loan debt is a necessary expense. The court concluded that a conversion to a Chapter 13 plan would not be a reasonable alternative as the debtors would end up owing more because interest would continue to accrue during the lifetime of the Chapter 13 plan.
Jill M. Zubler of the Office of the U.S. Trustee; Thomas A. Steffan of Cooke & Steffan for the debtors
Case Digests
- Second Circuit – Appellate counsel: United States v. Samuels
- Fourth Department – Pre-answer motion to dismiss: Villalba v. City of Auburn, et al.
- Court of Appeals – Office of Children and Family Services: Lawyers for Children, et al. v. NYS Office of Children and Family Services, et a.
- Fourth Department – Assault: People v. Talley
- Court of Appeals – Family Court Act: Abdoch v. Abdoch
- Second Circuit – Medicaid: Bellin v. McDonald
- Fourth Department – Family Court: Sprague v. Younes
- Second Circuit – False Claims Act: United States of America v. Amazon.com Inc.
- Fourth Department – Notice of claim: Jarrod W.S. v. Jordan-Elbridge CSD, et al.
- Western District Case Notes
- Second Circuit – Distribution of a controlled substance: United States v. Parasmo
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- Court of Appeals affirms convictions despite tainted transcript
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