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Analyzing Chapter 7 Abuse Dismissal Motions Post-BAPCPA: A Reply on Cortez

Document Type

Article

Publication Date

2007

Publication Title

American Bankruptcy Institute Journal

Abstract

This article challenges the conclusions set forth in Justin H. Dion's article, "Timing Is Everything...or Is It?: Cortez Challenges the 'Snapshot' Approach to Analyzing Abuse Pursuant to §707(b)," which appeared in the October 2006 issue of the ABI Journal. In his article, Dion argues that, pursuant to the decision set forth by the U.S. Court of Appeals for the Fifth Circuit in U.S. Trustee v. Cortez, post-petition changes in a debtor's financial circumstances must be considered for purposes of evaluating a §707(b)(1) abuse dismissal motion.

Keywords

Bankruptcy, Chapter 7, Abuse Dismissal Motions, U.S. Trustee v. Cortez

Publication Citation

Rafael I. Pardo, Analyzing Chapter 7 Abuse Dismissal Motions Post-BAPCPA: A Reply on Cortez, Am. Bankr. Inst. J. Dec/Jan 2006, https://www.abi.org/abi-journal/analyzing-chapter-7-abuse-dismissal-motions-post-bapcpa-a-reply-on-cortez

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