Ryan J. Dove's Legal Cases (2)

Chapter 7 bankruptcy

In re De Cunae, No. 12-37424 (Bankr. S.D. Tex., 2012)

Oct 01, 2012

OUTCOME: Discharge Granted

The Debtor lost his dental practice after a divorce and major medical issues. The Debtor began working as a dentist on a contract basis and then filed Chapter 7 bankruptcy. The Debtor’s income at the t ... ime the Chapter 7 was filed was too much to ‘pass’ the means test. The Debtor argued that his student loans were non-consumer debts, making more than half of his total debts non-consumer (exempting him from the means test requirement). The Judge ruled that because the Debtor went to dental school for the purposes of starting his own dental business, the portion of the Debtor’s student loans that were actually used for tuition, books and fees was not consumer debt. With this ruling more than half of the Debtor’s total debts were considered non-consumer debts and the Debtor received his Chapter 7 discharge.

Chapter 13 bankruptcy

In re Lowry, No. 11-40813 (Bankr. S.D. Tex., 2011)

Dec 26, 2011

OUTCOME: Hardship Discharge Granted

Mr. and Mrs. Lowry filed Chapter 13 bankruptcy. After almost two years of timely payments under their Chapter 13 bankruptcy plan, Mr. Lowry suffered severe illness causing him to be unable to work. Pri ... or to his illness, Mr. Lowry worked two jobs and was the primary source of household income. At the time that their Chapter 13 bankruptcy was filed, Mr. and Mrs. Lowry were ineligible for a Chapter 7 bankruptcy due to a previously discharged Chapter 7 bankruptcy case. The Debtors were not eligible to convert to a Chapter 7 case and could not afford to make further payments in a Chapter 13 bankruptcy. A motion for a hardship discharge was filed. After considering the facts of the case, a hardship discharge was granted by the Judge.

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