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The Trustee argues abuse based on the presumption under § 707(b)(2), citing consumer-debt majority and disposable income calculations, and alternatively seeks dismissal under the totality-of-the-circumstances standard in § 707(b)(3). The dispute centers on how the debtor’s student-loan debts are classified for means testing and abuse analysis, along with specific findings regarding scheduled versus filed claims.","Case:15-21797-HRT Doc\\#:52 Filed:10/26/16 Entered:10/26/16 16:57:28 Page1 of 6  \nUNITED STATES BANKRUPTCY COURT  \nFOR THE DISTRICT OF COLORADO  \nHonorable Howard R. Tallman  \nIn re: )  \n)  \nKATHY K. ROBINSON, ) Case No. 15-21797 HRT  \n)  \nDebtor. ) Chapter 7  \n  )  \nORDER GRANTING MOTION TO DISMISS  \nThis case comes before the Court on United States Trustee’s Motion to Dismiss Chapter 7 Case under 11 U.S. C. § 707(b)(1),(2) and (3) (docket \\#19) (the “Motion”) .  \nThe United States Trustee (“UST”) contends that this chapter 7 case represents an abuse of the Bankruptcy Code under 11 U.S.C. § 707(b) . According to the UST, the presumption of abuse arises under § 707(b)(2) because the majority of Debtor’s debts are consumer debts and her disposable income over five years exceeds 25% of her non-priority unsecured debts. Further, the UST argues that the totality of the circumstances of this case require dismissal under  \n§ 707(b)(3), even if the presumption of abuse under § 707(b)(2) does not arise or is rebutted. The UST argues that the Debtor could easily pay 100% of her indebtedness over the course of a five-year reorganization plan under chapter 13.  \nI. BACKGROUND  \nDebtor filed her voluntary petition for bankruptcy relief under chapter 7 of the Bankruptcy Code on October 22, 2015. The Debtor’s petition asserted that her debts were primarily non-consumer debts.  \nOn November 27, 2015, the UST filed a statement, pursuant to 11 U.S.C. § 704(b)(1)(A), indicating that the UST had determined that the Debtor’s case should be presumed to be “an abuse under Section 707(b),”(“Ten Day Statement”). The filing of the Ten Day Statement triggered the requirement to either file a statement of declination or a motion to dismiss on or before December 28, 2015.  \nOn December 22, 2015, the UST filed the instant Motion to dismiss this case under 11 U.S.C. § 707(b) . The UST asserted in the Motion that he disagreed with the Debtor’s assertion that her debts were primarily non-consumer debts. The key disagreement being whether the Debtor’s student loan debts were properly classified as “consumer” or “nonconsumer” debts for the purpose of determining whether the Debtor’s case is subject to the“means testing” requirements of § 707(b)(2) and/or the “abuse” standards under § 707(b)(3) .  \nThe Debtor’s Schedules D, E and F show debts that total $137,333 .00. However the evidence showed that a debt scheduled by the Debtor as being owed to Litton Loan in the  \nCase:15-21797-HRT Doc\\#:52 Filed:10/26/16 Entered:10/26/16 16:57:28 Page2 of 6  \nORDER GRANTING MOTION TO DISMISS  \nCase No. 15-21797 HRT  \namount of $33,176 .00 had been discharged by the creditor pre-petition and was no longer owed as of the petition date. No proof of claim was filed with respect to that scheduled indebtedness. The Debtor testified the scheduled claims of the Internal Revenue Service in the amount of $994.00 had been satisfied by post-petition setoff of the Debtor’s refunds for tax years 2014 and 2015. The evidence at hearing also called into question the Debtor’s scheduled $1,128 .00 priority tax claim in favor of the state of Indiana related to a tax year prior to the Debtor’s August 2008 relocation from Indiana to Colorado. The state of Indiana did not file a claim in this case. The total of the claims actually filed in this case is $72,076 .93. Included in that total is the student loan claim in the amount of $69,208 .82.  \nThe Debtor holds a Bachelor of Science in Nursing (“BSN”) degree. She has worked diligently toward that degree goal since 2005 and obtained her BSN in 2016. Along the way she obtained credentials and worked as a Certified Nursing Assistant (“CNA”); a Licensed Practical Nurse (“LPN”); and a Registered Nurse (“RN”) . Her steadily improving educational level has led to employment where she utilized her progressively improved levels of skill and has been trusted with progressively higher levels of responsibility. In the process of her advancement, she has earne","cbCaive8BGT2JmFn","https://ap.wps.com/l/cbCaive8BGT2JmFn","pdf",198502,4,6,"English","en",105,"# Background\n## Filing and Ten Day Statement\n## Motion to Dismiss and Debt Classification\n# Discussion\n## BAPCPA Changes to § 707(b)\n## Means Test and Totality of Circumstances","[{\"question\":\"What motion does the court address in this order?\",\"answer\":\"The order addresses the United States Trustee’s Motion to Dismiss the Chapter 7 case under 11 U.S.C. § 707(b)(1),(2) and (3).\"},{\"question\":\"What is the basis for the Trustee’s argument under 11 U.S.C. § 707(b)(2)?\",\"answer\":\"The Trustee argues a presumption of abuse arises because most of the debtor’s debts are consumer debts and the debtor’s disposable income over five years exceeds 25% of non-priority unsecured debts.\"},{\"question\":\"Why is the debtor’s student-loan debt classification important?\",\"answer\":\"The key disagreement is whether the student loans are properly classified as “consumer” or “nonconsumer” debts, which affects the means-testing requirements under § 707(b)(2) and the abuse standards under § 707(b)(3).\"}]","ORDER GRANTING MOTION TO DISMISS | PDF",1789814823,2,{"code":4,"msg":77,"data":78},"ok",{"site_id":70,"language":69,"slug":79,"title":59,"keywords":80,"description":60,"schema_data":81,"social_meta":135,"head_meta":137,"extra_data":139,"updated_unix":140},"order-granting-motion-to-dismiss","",{"@graph":82,"@context":134},[83,97,117],{"@type":84,"itemListElement":85},"BreadcrumbList",[86,90,92,95],{"item":87,"name":88,"@type":89,"position":9},"https://docshare.wps.com","Home","ListItem",{"item":91,"name":10,"@type":89,"position":75},"https://docshare.wps.com/template/",{"item":93,"name":41,"@type":89,"position":94},"https://docshare.wps.com/template/letters/",3,{"item":96,"name":59,"@type":89,"position":66},"https://docshare.wps.com/template/order-granting-motion-to-dismiss/304558/",{"url":96,"name":59,"@type":98,"image":99,"author":104,"headline":59,"publisher":106,"fileFormat":109,"inLanguage":69,"description":60,"dateModified":110,"datePublished":111,"encodingFormat":109,"isAccessibleForFree":112,"interactionStatistic":113},"DigitalDocument",{"url":100,"@type":101,"width":102,"height":103},"https://docshare.wps.com/thumbnails/order-granting-motion-to-dismiss/304558.png","ImageObject",442,249,{"name":57,"@type":105},"Person",{"url":87,"name":107,"@type":108},"DocShare","Organization","application/pdf","2026-09-29","2026-09-19",true,{"@type":114,"interactionType":115,"userInteractionCount":66},"InteractionCounter",{"@type":116},"ViewAction",{"@type":118,"mainEntity":119},"FAQPage",[120,126,130],{"name":121,"@type":122,"acceptedAnswer":123},"What motion does the court address in this order?","Question",{"text":124,"@type":125},"The order addresses the United States Trustee’s Motion to Dismiss the Chapter 7 case under 11 U.S.C. § 707(b)(1),(2) and (3).","Answer",{"name":127,"@type":122,"acceptedAnswer":128},"What is the basis for the Trustee’s argument under 11 U.S.C. § 707(b)(2)?",{"text":129,"@type":125},"The Trustee argues a presumption of abuse arises because most of the debtor’s debts are consumer debts and the debtor’s disposable income over five years exceeds 25% of non-priority unsecured debts.",{"name":131,"@type":122,"acceptedAnswer":132},"Why is the debtor’s student-loan debt classification important?",{"text":133,"@type":125},"The key disagreement is whether the student loans are properly classified as “consumer” or “nonconsumer” debts, which affects the means-testing requirements under § 707(b)(2) and the abuse standards under § 707(b)(3).","https://schema.org",{"og:url":96,"og:type":136,"og:title":59,"og:site_name":107,"og:description":60},"article",{"robots":138,"canonical":96},"index,follow",{"doc_id":55,"site_id":70},1790185145]