In re: Schwartz

Bankruptcy Ct. did not err in granting creditor’s motion under 11 USC section 707 to dismiss debtors’ bankruptcy petition, where creditor argued that after arbitrator directed debtors to pay creditor $568,568, but before debtors had filed instant bankruptcy petition, debtors spent thousands of dollars on inessential consumer goods and services rather than making effort to pay off their debts. Bankruptcy Ct. could properly dismiss instant petition “for cause” under 11 USC section 707(a), where: (1) debtors had $9,500 per month in income, yet were spending $11,000 per month on items including vacation, expensive car and private education; and (2) debtors had no excuse for their failure to use otherwise available money to pay off any part of their debt owed to instant creditor.