Stanley M Whiters

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MEMORANDUM DECISION RE MOTION TO
DISMISS UNDER SECTION 707(b) 	-1-
UNITED STATES BANKRUPTCY COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
In re
STANLEY M WHITERS,
Debtor.
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Case No: 05-30420 TEC7
Chapter 7
Date: July 1, 2005
Time: 9:30 a.m.
Ctrm: Hon. Thomas E. Carlson
235 Pine Street
San Francisco, CA
MEMORANDUM DECISION RE MOTION TO DISMISS UNDER SECTION 707(b)
The Unites States Trustee moves to dismiss this chapter 7 case
under section 707(b) on the basis that Debtor has substantial
disposable income that could be used to pay his creditors through a
chapter 13 plan.
Debtor is a recovered substance abuser, who now works as a
substance abuse counselor. 	His monthly take home pay after payment
of child support is $1,714. 	Debtor lives in San Francisco. 	His
claimed monthly living expenses total $1,785. 	Debtor does not own
a car; his claimed transportation expense of $75 is only $30 more
than the cost of a monthly Muni pass. 	Debtor lives in a rented
Signed and Filed: June 28, 2005
________________________________________
THOMAS E. CARLSON
U.S. Bankruptcy Judge
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Entered on Docket
June 28, 2005
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 05-30420 Doc# 12 Filed: 06/28/05 Entered: 06/28/05 14:14:37 Page 1 of 3

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MEMORANDUM DECISION RE MOTION TO
DISMISS UNDER SECTION 707(b) 	-2-
room with a shared bath and kitchen for $500 per month. 	He has
custody of his three year old child on both days of every weekend.
The United States Trustee contends that Debtor’s claimed
living expenses are unreasonably high, focusing particularly on his
expenditure of $500 per month for food and his expenditure of $200
per month for recreation. 	I find this argument unpersuasive.
Debtor’s food expenditure amounts to only $16.66 per day. 	Debtor’s
recreation expenditure is also reasonable in light of the fact that
he does not have his own apartment but only a room with a shared
kitchen and bath. 	It is not unreasonable for him to use some of
the savings resulting from his very low rent to get out and enjoy
himself occasionally.
Taking account of all the facts and circumstances of this
case, I determine that Debtor’s chapter 7 petition clearly does not
represent a substantial abuse of the bankruptcy laws, unless one
believes that Americans who cannot pay their debts should be forced
to live in the world of Dickens’ Hard Times. 	I find that oral
argument would not be helpful, and would result only in
unreasonably increasing the debtor’s legal fees.
**END OF MEMORANDUM**
Case: 05-30420 Doc# 12 Filed: 06/28/05 Entered: 06/28/05 14:14:37 Page 2 of 3

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-3-
Court Service List
Patricia A. Cutler
Office of the U.S. Trustee
235 Pine Street, Suite 700
San Francisco, CA 94104
Drew Henwood
Law Offices of Drew Henwood
211 Sutter St. #603
San Francisco, CA 94108
Charles E. Sims
P.O. Box 1247
Sonoma, CA 95476-1247
Case: 05-30420 Doc# 12 Filed: 06/28/05 Entered: 06/28/05 14:14:37 Page 3 of 3