Witcher, et al v. Early, III, No. 11-15883 (11th Cir. 2012)
Annotate this CaseDebtors filed for chapter 7 bankruptcy in January 2010 and the bankruptcy administrator moved to dismiss the case or convert it to a chapter 13 on the ground that debtors' bankruptcy petition constituted an abuse of the chapter 7 process. The court held that a debtor's ability to pay his or her debts may be taken into account under the totality-of-the-circumstances test set forth in 11 U.S.C. 707(b)(3)(B). Accordingly, the court affirmed the district court's rejection of debtors' argument that the ability to pay could not be considered as part of the totality of the circumstances.
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