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LYNCH v. JACKSON

No. 16-1358.

845 F.3d 147 (2017)

Marjorie K. LYNCH, Bankruptcy Administrator for the Eastern District of North Carolina, Appellant, v. Gabriel Levar JACKSON; Monte Nicole Jackson, Debtors-Appellees, and A. Scott McKellar, Trustee. National Association of Consumer Bankruptcy Attorneys, Amicus Supporting Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: January 4, 2017.

Attorney(s) appearing for the Case

ARGUED: Brian Charles Behr , OFFICE OF THE BANKRUPTCY ADMINISTRATOR, Raleigh, North Carolina, for Appellant. Robert Lee Roland, IV , LAW OFFICES OF JOHN T. ORCUTT, P.C., Raleigh, North Carolina, for Appellees. ON BRIEF: Tara Twomey , J. Erik Heath , NATIONAL CONSUMER BANKRUPTCY RIGHTS CENTER, San Jose, California, for Amicus Curiae.

Affirmed by published opinion. Judge Thacker wrote the opinion, in which Judge Motz and Judge Keenan joined.

Gabriel and Monte Jackson filed a petition for Chapter 7 bankruptcy relief. Marjorie Lynch, the Bankruptcy Administrator for the Eastern District of North Carolina,1 moved to dismiss the case as an abuse because the Jacksons used the National and Local Standard amounts2

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