IN RE COMSTOCK

No. 07-10718.

389 B.R. 888 (2008)

In re Ramona Jolynn COMSTOCK, Debtor.

United States Bankruptcy Court, N.D. California.

April 30, 2008.


Attorney(s) appearing for the Case

Reginald R. Hindley, Law Offices of Reginald R. Hindley, Santa Rosa, CA, for Debtor.

Julie M. Glosson, Office of the United States Trustee, San Francisco, CA, for U.S. Trustee.


Memorandum re Necessity of Second Vehicle

ALAN JAROSLOVSKY, Bankruptcy Judge.

Chapter 7 debtor Ramona Comstock has annualized income of about $70,000, which is above the state median income. The U.S. Trustee has moved for dismissal of her case as presumptively abusive pursuant to § 707(b)(2) of the Bankruptcy Code. In the absence of special circumstances, which Comstock has not alleged, presumption of abuse is supposed to be a mechanical calculation...

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