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In re Braden J. Adolph, 09-32836

Issued: January 28, 2011

By: A. Benjamin Goldgar

The Issues: The proper use and interpretation of 11 USC 707(a) and (b), the dynamic duo of bankruptcy dismissal. Under consideration is the distinction between dismissal for cause via 707(a) and the presumption of abuse in 707(b).

The Upshot: Judge Goldgar engages in a close analysis of 11 USC 707 and determines that bad faith is not a reason to dismiss under 707(a) and only consumer debts can be excepted from discharge under 707(b) – especially in light of BAPCPA. In this case, where an Attorney seeks his fees from a business debtor of his Client, the Court finds him to be out of luck – not a consumer debt, and not a bad faith filing. Boom shakalaka.

Click here to view and download the opinion in .pdf format.

1 Response
  1. In re Adolph, 09-32836 (ND Ill. ED)(J. Goldgar) -' The Illinois … | Lawyer Finders

    […] more here: In re Adolph, 09-32836 (ND Ill. ED)(J. Goldgar) -‘ The Illinois … This entry was posted on Monday, January 31st, 2011 at 10:34 pm and is filed under Uncategorized. […]

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