Bankr. M.D.N.C.: In re Depriest- Dismissal under § 707(b)(3) looks to circumstances at the time of the hearing

Summary: Despite testimony from the Debtors that they anticipated a substantial decrease in income due to loss of overtime, the court found that it was the circumstances at the time of the hearing that controlled.  Taken with the Debtors’ retention of a boat, their failure to disclose tax refunds,  overtime and bonuses, and continued 401k contributions, dismissal was appropriate. For a copy of the opinion, please see: Depriest- Dismissal under § 707(b)(3) looks to circumstances at the time of the hearing.pdf