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Overcoming motion to dismiss by UST
I am opposing a motion to dismiss by the UST. My client's wages got axed
with a 15% reduction postpetition that moots all the trustee's arguments,
but I'm sure the UST will argue postpetition events don't count, and there
is one case I've found that supports that position, maddeningly badly
reasoned, but against my client.
The statute allows to rebut the presumption of abuse if there are "special
circumstances" that would allow an "adjustment to income" CMI is
definitely prepetition and Congress could have written "adjustment to
current monthly income" but it did not. Moreover, how can you adjust
prepetition income. It is either there or not. I can see how expenses can
be adjusted pre or post petition, but not income.
Does anyone know any good cases or arguments that an "adjustment to income"
can be a postpetition event. I found one case, in re Heath 371 B.R. 806 out
of Michigan where it started out as a 13, promptly failed when the Debtor
was forced into early retirement and that is definitely a postpetition
event.
Does anyone know any good cases or arguments that an "adjustment to income"
can be a postpetition event?
Law Offices of Steven B. Lever
>
> Steven B. Lever
>>>Tel. (562) 436-5456
>>>Fax (562) 684-0202
>>>sblever@leverlaw.com
> www.leverlaw.com
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