IN RE KULAKOWSKI

No. 12-15294.

735 F.3d 1296 (2013)

In re KULAKOWSKI, Debtor, Susan L. Kulakowski, Plaintiff-Appellant, v. Donald F. Walton, United States Trustee, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

November 15, 2013.


Attorney(s) appearing for the Case

James C. McClendon, II , Weaver McClendon & Penrod, LLP, Lake Wales, FL, for Plaintiff-Appellant.

Wendy Cox , Executive Office for United States Trustees Office of the General Counsel, Washington, DC, Benjamin E. Lambers, U.S. Trustee Office, Tampa, FL, for Defendant-Appellee.

Before JORDAN, DUBINA, and BALDOCK, Circuit Judges.


JORDAN, Circuit Judge:

In 2010, Susan Kulakowski filed a voluntary petition for bankruptcy under Chapter 7 of the Bankruptcy Code. At the time, her obligations consisted primarily of consumer debt and included $136,470.75 of unsecured non-priority debt, which she sought to discharge. The bankruptcy court granted the motion of the United States Trustee for summary judgment and dismissed the case under the abuse provisions in 11 U.S.C. §§ 707(b)(1) and 707...

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