In re Meyer, 467 B.R. 451 (Bankr. E.D. Wis. 2012)

(Chapter 7 case involving debtors with primarily credit card debt and mortgage; debtors had income above median income level for debtors’ household size; trustee moved to dismiss case on basis that debtors’ adjusted monthly income was high enough that made it presumptively abusive for debtors to continue under Chapter 7 rather than repaying debts in context of Chapter 13; debtors claimed that “means test” (11 U.S.C. §707(b)) which limited them to deduction not to exceed $1,775 annually as school expense per child violated First Amendment right to send their children to religious school and barred them from receiving a discharge; means test facially neutral and does not bar debtors from practicing their religion; government has compelling interest in ensuring fair and efficient application of Bankruptcy Code; debtors’ attempt to use Bankruptcy Code to subsidize private school expenses runs counter to government’s compelling interest; debtors’ personal financial situation was cause for debtors not being able to send children to religious school).