Bankruptcy Forms: Filing Bankruptcy Chapter 7 Bankruptcy Software Chapter 13

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TITLE 11–BANKRUPTCY

CHAPTER 7–LIQUIDATION

Sub Chapter – Officers and Administration

Sec. 707. Dismissal

   (a) The court may dismiss a case under this chapter only after 
notice and a hearing and only for cause, including--
        (1) unreasonable delay by the debtor that is prejudicial to 
    creditors;
        (2) nonpayment of any fees or charges required under chapter 123 
    of title 28; and
        (3) failure of the debtor in a voluntary case to file, within 
    fifteen days or such additional time as the court may allow after 
    the filing of the petition commencing such case, the information 
    required by paragraph (1) of section 521, but only on a motion by 
    the United States trustee.

    (b) After notice and a hearing, the court, on its own motion or on a 
motion by the United States trustee, but not at the request or 
suggestion of any party in interest, may dismiss a case filed by an 
individual debtor under this chapter whose debts are primarily consumer 
debts if it finds that the granting of relief would be a substantial 
abuse of the provisions of this chapter. There shall be a presumption in 
favor of granting the relief requested by the debtor. In making a 
determination whether to dismiss a case under this section, the court 
may not take into consideration whether a debtor has made, or continues 
to make, charitable contributions (that meet the definition of 
``charitable contribution'' under section 548(d)(3)) to any qualified 
religious or charitable entity or organization (as that term is defined 
in section 548(d)(4)).

(Pub. L. 95-598, Nov. 6, 1978, 92 Stat. 2606; Pub. L. 98-353, title III, 
Secs. 312, 475, July 10, 1984, 98 Stat. 355, 381; Pub. L. 99-554, title 
II, Sec. 219, Oct. 27, 1986, 100 Stat. 3100; Pub. L. 105-183, Sec. 4(b), 
June 19, 1998, 112 Stat. 518.)


                      Historical and Revision Notes

                         legislative statements

    Section 707 of the House amendment indicates that the court may 
dismiss a case only after notice and a hearing.


                        senate report no. 95-989

    This section authorizes the court to dismiss a liquidation case only 
for cause, such as unreasonable delay by the debtor that is prejudicial 
to creditors or nonpayment of any fees and charges required under 
chapter 123 [Sec. 1911 et seq.] of title 28. These causes are not 
exhaustive, but merely illustrative. The section does not contemplate, 
however, that the ability of the debtor to repay his debts in whole or 
in part constitutes adequate cause for dismissal. To permit dismissal on 
that ground would be to enact a non-uniform mandatory chapter 13, in 
lieu of the remedy of bankruptcy.


                               Amendments

    1998--Subsec. (b). Pub. L. 105-183 inserted at end ``In making a 
determination whether to dismiss a case under this section, the court 
may not take into consideration whether a debtor has made, or continues 
to make, charitable contributions (that meet the definition of 
`charitable contribution' under section 548(d)(3)) to any qualified 
religious or charitable entity or organization (as that term is defined 
in section 548(d)(4)).''
    1986--Subsec. (a)(3). Pub. L. 99-554, Sec. 219(a), added par. (3).
    Subsec. (b). Pub. L. 99-554, Sec. 219(b), substituted ``motion or on 
a motion by the United States trustee, but'' for ``motion and''.
    1984--Pub. L. 98-353 designated existing provisions as subsec. (a) 
and in pars. (1) and (2) substituted ``or'' for ``and'', and added 
subsec. (b).


                    Effective Date of 1998 Amendment

    Amendment by Pub. L. 105-183 applicable to any case brought under an 
applicable provision of this title that is pending or commenced on or 
after June 19, 1998, see section 5 of Pub. L. 105-183, set out as a note 
under section 544 of this title.


                    Effective Date of 1986 Amendment

    Effective date and applicability of amendment by Pub. L. 99-554 
dependent upon the judicial district involved, see section 302(d), (e) 
of Pub. L. 99-554, set out as a note under section 581 of Title 28, 
Judiciary and Judicial Procedure.


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-353 effective with respect to cases filed 90 
days after July 10, 1984, see section 552(a) of Pub. L. 98-353, set out 
as a note under section 101 of this title.


                   Rules Promulgated by Supreme Court

    United States Supreme Court to prescribe general rules implementing 
the practice and procedure to be followed under subsec. (b) of this 
section, with section 2075 of Title 28, Judiciary and Judicial 
Procedure, to apply with respect to such general rules, see section 320 
of Pub. L. 98-353, set out as a note under section 2075 of Title 28.


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Note: For affordable legal assistance The Center For Debt Management highly recommends Standard Legal's Do-It-Yourself Bankruptcy Forms Software Kits. For credit repair services,
the most trusted law firm in America with over 15 years of experience is Lexington Law Firm.

For more bankruptcy help and bankruptcy alternatives, go to Bankruptcy Resources

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Legal Resource Center: United States Code TITLE 11 Filing Bankruptcy Forms Software