(630) 378-2200
Mon - Fri 8:00am - 5:00pm
Request a Case Evaluation

In re Vito O. Roppo, 09 B 37273

Opinion Sept. 16, 2010

Judge: John H. Squires

Debtor’s lavish living warranted dismissal of Chapter 7 case as abusive.

A Chapter 7 case that was not filed in response to any sudden illness, calamity, disability or unemployment by a debtor who budgeted expenses consistently exceeded those permitted under Internal Revenue Service (IRS) standards, including the $2,250 per month that the debtor budgeted as a rental expense for a four-bedroom, 3,750-square-foot home for himself, his wife and their one child, had to be dismissed based on the totality of circumstances of the debtor’s financial situation as an abuse of the provisions of Chapter 7. Inexplicably, despite the fact that his wife had recently emerged from her own Chapter 7 case and did not work outside the home, the debtor had purchased a luxury automobile on her behalf, on which the payments were $520 per month. The debtor had the ability to fund a Chapter 13 plan to make a distribution on unsecured claims.

To view the opinion in PDF format click here.

Leave a Reply

Let us help you!

If you need any helps, please feel free to contact us. We will get back to you with 1 business day. Or if in hurry, just call us now.

Call : 630.378.2200

Request a Case Evaluation