§ 9.3.5.2 Involuntary.

§ 9.3.5.2 Involuntary. The court, either sua sponte or upon motion, may dismiss a chapter 7 case for cause. 11 U.S.C. § 707(a) . Cause includes unreasonable delay by the debtor that is prejudicial to creditors, nonpayment of required administrative or U.S. trustee fees, or failure to file necessary schedules and statements. See In re Sherman, 491 F.3d 948 (9th Cir. 2007) (where creditor has relief available under specific Code sections, dismissal may not be appropriate); Neary v. Padilla (In re Padilla), 222 F.3d 1184 (9th Cir. 2000) (two-part test). Dismissal of an individual’s case is possible if the court finds that the individual’s “debts are primarily consumer debts, or, with the debtor’s consent, convert such a case to a case under chapter 11 or 13 of this title, if it finds that the granting of relief would be an abuse of the provisions of . . . chapter [7].” 11 U.S.C. § 707(b) . See In re Gomes, 220 B.R. 84 (9th Cir. BAP 1998) (chapter 7 case filed by debtors who could pay 43% of unsecured debt under a 3-year chapter 13 plan constituted substantial abuse); In re Price, 353 F.3d 1135 (9th Cir. 2004) (defining “primarily consumer debts”). BAPCPA established a formula for obtaining a presumption that a chapter 7 case represents an abusive filing. 11 U.S.C. § 707(b)(2), (3), (7) ; Hebbring v. U.S. Trustee, 463 F.3d 902 (9th Cir. 2006) . BAPCPA imposed a risk...