In re Ferreira
Opinion
Lead Opinion
Jaime, J.
MEMORANDUM DECISION ON MOTION OF THE UNITED STATES TRUSTEE TO DISMISS CASE PURSUANT TO 11 U.S.C. §§ 707 (b) (1) AND 707(b) (3) (B)
Introduction
Presently before the court is a motion by the United States trustee to dismiss this chapter 7 case pursuant to 11 U.S.C. §§ 707 (b)(1) 1 and 707(b)(3)(B). 2 Debtor Angela Denise Ferreira has opposed the motion. The United States trustee replied to the debtor’s opposition.
The court has reviewed the motion, opposition, reply, and all related declarations and exhibits. Pursuant to Federal Rule of Evidence 201, the court takes judicial notice of the docket in the above-captioned chapter 7 case and the docket in the debtor’s prior chapter 13 case filed in this court as case no 15-24131 on May 21, *235 2015, and dismissed on September 27, 2015. The court also treats the debtor’s letter dated January 4, 2016, Exhibit 3 to the United States trustee’s motion, as an admission by the debtor under Federal Rule of Evidence 801(d)(2).
A hearing on the motion was held on February 23, 2016. Appearances were noted on the record. The court heard and considered the statements and arguments of counsel made during the hearing. This memorandum decision…