In Re: Zaporski,

Debtor's Brief in opposition to U. S. Trustee motion to dismiss


First published case out of Detroit bankruptcy court on new issues under 2005 changes to 707.

Single debtor, had two paid for vehicles.

U. S. Trustee challenged taking ownership expense for more than one vehicle, and for any paid for vehicle.

Debtor won on both of these issues.

U. S. Trustee also challenged 401 K loan repayments and contributions.

While not disallowing these per se, the Court did grant the dismissal motion based on the totality of the circumstances, over median debtor who would have to file 5 year plan, and 401k loans would be paid off within 5 years.

Interestingly, Mr. Zaporski re-filed Chapter 7 after getting married, which changed his budget and the means test calculations, and received a discharge.

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Reference Info:Legal Memoranda: Motions for Summary Judgment/Adjudication | Federal, 6th Circuit, Michigan | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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