Vivian Ann King

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UNITED STATES BANKRUPTCY COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION AT COLUMBUS
In re: 	:
: 	Case No. 05-51441
VIVIAN ANN KING, 	: 	Chapter 7
: 	Judge Hoffman
Debtor. 	:
ORDER DENYING MOTION TO DISMISS
PURSUANT TO 11 U.S.C. § 707(b)
This matter came before the Court on June 6, 2005 for hearing (“Hearing”) on the Motion
to Dismiss Pursuant to 11 U.S.C. § 707(b) (“Motion to Dismiss”) (Doc. 9) filed by the U.S. Trustee
and the Motion of Opposition to Dismiss Pursuant to 11 U.S.C. § 707(b) (“Response”) (Doc. 11)
filed by the Debtor Vivian Ann King (“Debtor”). 	In its Motion to Dismiss, the U.S. Trustee
contends that granting Debtor a discharge would be a substantial abuse of the provisions of Chapter
7. Appearing at the Hearing were the Debtor, pro se, and Kristopher Aungst for the U.S. Trustee.
Having considered the Motion to Dismiss, Response, the evidentiary record, the arguments
and representations of the parties, and the relevant case law, the Court made oral findings of fact and
This document has been electronically entered in the records of the United
States Bankruptcy Court for the Southern District of Ohio.
IT IS SO ORDERED.
Dated: June 08, 2005
____________________________________________________________
Case 2:05-bk-51441 Doc 38 Filed 06/08/05 Entered 06/09/05 10:56:57 Desc Main
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1The U.S Trustee’s objection to the admissibility of Debtor’s Amended Schedule J (Doc.
23) was also overruled at the Hearing. The Debtor is hereby directed to file a revised Amended
Schedule J using Official Bankruptcy Form Schedule J within 30 days of the Hearing.
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conclusions of law at the Hearing (“Oral Decision”), which are incorporated in this order by
reference. In the event of an appeal, a transcript of the Oral Decision shall be entered separately into
the record.
In weighing the totality of circumstances in this case and considering the guidelines set forth
in In re Krohn, 886 F.2d 123 (6th Cir. 1989) and Behlke v. Eisen (In re Behlke), 358 F.3d 429 (6th
Cir. 2004), the Court finds that granting Chapter 7 relief to the Debtor would not be a substantial
abuse of the provisions of Chapter 7 of the Bankruptcy Code. As stated in In re Goddard, 323 B.R.
231, 235 (Bankr. S.D. Ohio 2005), 11 U.S.C. § 707(b) establishes a presumption in favor of granting
the relief requested by the Debtor—i.e., a discharge of her debts. For the reasons stated in the Oral
Decision, the Court invokes that presumption here. Accordingly, the Court DENIES the U.S.
Trustee’s Motion to Dismiss. 1
IT IS SO ORDERED.
Copies to:
Vivian Ann King, Debtor, 88 Mockingbird Ct., Columbus, OH 43147
Frederick L Ransier, Chapter 7 Trustee, 52 East Gay Street, PO Box 1008,
Columbus, OH 43216
Kristopher E Aungst, Office of the U.S. Trustee, 170 N. High Street, Suite 200,
Columbus, Ohio 43215
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Case 2:05-bk-51441 Doc 38 Filed 06/08/05 Entered 06/09/05 10:56:57 Desc Main
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