[CLBS] abuse of chapter 7

[Ford Elsaesser]

they still have exposure under 707 under a totality of circumstances -i 
think high income non-consumers bear much more risk than in the past for a 
bad faith argument regardless of means test applicability-ford
----- Original Message ----- 
From: "Loren K. Messerly" <lmesserly at greenerlaw.com>
To: <clbs at admws.idaho.gov>
Sent: Friday, April 13, 2012 11:32 AM
Subject: [CLBS] abuse of chapter 7


Looking for an update on the state of the law, at least with Idaho's
bankruptcy judges, regarding bad faith chapter 7 filings.  In other
words, we have a debtor who filed a "non-consumer" chapter 7.  Thus he
did not fill out the means test.  Assuming we cannot challenge that
characterization, what are decisions currently saying about still trying
to force them into a chapter 13 because they are very well-employed and
will make significant income going forward? Are we stuck with a chapter
7 or do we have an argument for pushing a high-income debtor with a
majority of business debt into a chapter 13? If you could point me to
the controlling case for Idaho judges, that would be much appreciated.



Regards,

Loren



Loren K. Messerly | attorney

GB+S greener burke shoemaker p.a.

950 w. bannock street, suite 950|boise|idaho 83702-6138
o: 208.319.2600|f: 208.319.2601|e: lmesserly at greenerlaw.com

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