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In re Wise

In re Wise

Ruling
United States Trustee's motion to dismiss for presumption of abuse denied as time barred and not justified by totality of circumstances.
Procedural posture

The United States Trustee (UST) filed a motion to dismiss the debtors' chapter 7 case for abuse under 11 U.S.C.S. § 707(b)(1), based upon a presumption of abuse under 11 U.S.C.S. § 707(b)(2) and the totality of the circumstances under 11 U.S.C.S. § 707(b)(3)(B).

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Consumer opinion summary, case decided on July 25, 2011 , LexisNexis #0811-097