In Re: Kulakowski

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After debtor filed for Chapter 7 bankruptcy, the bankruptcy court ruled that all of the income and expenses of debtor's husband should be considered in determining the ability of debtor to pay her debts. The district court affirmed. Given the nature of debtor's debt and the financial relationship between her and her husband, the court held that the bankruptcy court did not abuse its discretion in applying the totality of the circumstances test. Accordingly, the court affirmed the bankruptcy court's dismissal of debtor's Chapter 7 bankruptcy petition. View "In Re: Kulakowski" on Justia Law