In re Lee (21-40087)
Creditor Commercial Capital Bank filed a motion to dismiss the Chapter 7 case of the Debtors Eric and Jerrie Lee for abuse of the bankruptcy system under 11 U.S.C. §§ 707(a), 707(b)(2), and 707(b)(3). The Court found that the presumption of abuse did not arise under § 707(b)(2), but the totality of the circumstances showed their case should be dismissed under § 707(b)(3). The Court did not rule on the motion under § 707(a).