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judge hpkins

In re Hoerlein

Ruling
Debtors could claim expense allowance for payments on secured debt, even though no payments were to be made, where they intended to surrender the collateral.
Procedural posture

The United States Trustee ("UST") filed a motion to dismiss the debtors'bankruptcy case, pursuant to 11 U.S.C. § 707(b)(2), as an abuse of the provisions of chapter 7.

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opinion summary, case decided on April 03, 2007 , LexisNexis #0507-010