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September 9, 2008
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West's Key51 Bankruptcy
West's Key51III The Case
West's Key51III(C) Voluntary Cases
West's Key51k2252 Good Faith; Motive
West's Key51k2253 k. Abuse of Bankruptcy Process

51 Bankruptcy Under the totality of the circumstances, debtor filed his petition in bad faith and, thus, his case would be dismissed as an abuse of the provisions of Chapter 7, where, although debtor owed approximately $24,000.00 in unsecured debt and received, over a four-month period, a longevity bonus of $11,910.00, an annual bonus of about $1,250.00, and a federal income tax refund of an undetermined amount, instead of devoting any of these funds to payment of his debts, debtor decided to "treat" himself and spent much of the money on luxury items or on gifts to family members, including a new kennel and shock collar for his dog, a black powder muzzle loading rifle, a bowling ball and bag, hunting boots, a snowblower, a new washing machine and dryer, and a trip to attend a professional football game, all the while searching for an attorney to represent him in bankruptcy.
In re James, 345 B.R. 664 (2006)


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Bankruptcy Evidence Manual, 2007-2008 ed