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David E. Sklar


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Scura, Wigfield, Heyer, Stevens, & Cammarota, LLP Successfully Moves to Dismiss a Debtor's Bankruptcy Petition for Bad Credit on Behalf of a Creditor

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Recently, I successfully represented a creditor in seeking to dismiss a debtor’s bankruptcy case for being filed in bad faith. In this case, we contested the Debtor’s use of phantom expenses for purposes of passing the means test. Also, we contested the filing of the bankruptcy case pursuant to the totality of the circumstances based on the fact that the Debtor had about $1,922.00 in monthly disposable income that should have been used in a debt repayment plan towards his creditors.

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