In re Suttice
Opinion
Lead Opinion
Clarkson, J.
ORDER AND AMENDED OPINION DENYING MOTION TO DISMISS FOR ABUSE
Before this Court is a Motion to Dismiss Case for Abuse pursuant to 11 U.S.C. § 707 (b)(1) and (b)(3) 1 (the “Motion to Dismiss”), filed by Movant Peter C. Anderson, the United States Trustee for the Central District of California (the “U.S. Trustee”).
BACKGROUND
Mr. Rufus Suttice and Mrs. Karen Pol-ley-Suttice, 85 and 69 years old respectively, filed a chapter 7 bankruptcy petition on May 3, 2012. [Dk. 1]. The Debtors included a Chapter 7 Statement of Current Monthly Income and Means-Test Calculation, indicating that a presumption of abuse under § 707(b)(2) did not arise. [Dk. 1 at 51]. The Debtors’ Second Amended Schedule I and J reflect a combined monthly income of $8,532.90, consisting of: $1,072.90 from social security benefits, combined pension or retirement income of $6,572.00, Veteran Affairs Benefits of $488.00, and family contributions of $400.00 [Dk. 66 at 3], and expenses totaling $7,635.96 per month [Dk. 66 at 4], leaving a net balance of $896.94 per month in surplus income. [Dk. 66 at 4],
On June 18, 2012, 2 the U.S. Trustee filed a statement of presumed abuse. [Dk. 21], On July 16, 2012, 3 the U.S.…