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§ 704(b)(2)

In re Clark

Jun
27
2008
Ruling
Motion to dismiss for abuse denied as untimely where not filed within ten days of first date set for meeting of creditors.
Procedural posture

The U.S. Trustee moved to dismiss bankruptcy debtors' case for abuse of bankruptcy based on a presumption of abuse under 11 U.S.C.S. § 707(b)(2), based on the totality of the circumstances under § 707(b)(3). The debtors asserted that the motion was untimely since it was not filed within the 30-day period provided in 11 U.S.C.S. § 704(b)(2).

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Consumer opinion summary, case decided on June 27, 2008 , LexisNexis #1108-082
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