§707—Dismissal. The court can dismiss the case for cause
(i) (a) The court may dismiss a Ch. 7 case for cause including unreasonable delay, nonpayment of fees required by 123 of title 28, or failure to information required by 521(1) w/in 15 days of filing—but only on motion of US trustee.
(ii) (b) The court may dismiss the case for substantial abuse if debtor primarily has consumer debts. There is a presumption in favor of the debtor. Only US trustee or court can move for dismissal based on substantial abuse.
(1) 8th and 9th circuit say it is substantial abuse if you can pay most of debts in Ch. 13 or outside of b/r.
(2) Other circuits say that you need ability to pay + some other wrong to be substantial abuse.
(3) May be issues over what counts as consumer debt—does that include medical bills?
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