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judge monroe

In re Oliver

Ruling
Case ordered dismissed or converted as debtor's serious medical and mental conditions did not rebut presumption of abuse.
Procedural posture

The United States Trustee brought a motion to dismiss debtor's chapter 13 case pursuant to 11 U.S.C. § 707(b)(1), (b)(2) and (b)(3). Debtor was an individual with primarily consumer debt, and the issue was whether the chapter 7 case, filed after the effective date of the Bankruptcy Abuse Prevention and Consumer Protection Act ("BAPCPA"), constituted an abusive filing.

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opinion summary, case decided on August 08, 2006 , LexisNexis #1106-013