BANKRUPTCY ADM'R v. GREGORY

No. 5:11-CV-580-BO.

471 B.R. 823 (2012)

BANKRUPTCY ADMINISTRATOR, Appellant, v. Diana Maria GREGORY, Appellee.

United States Bankruptcy Court, E.D. North Carolina, Western Division.

February 27, 2012.


Attorney(s) appearing for the Case

Brian Charles Behr , U.S. Bankruptcy Administrator's Office, Raleigh, NC, for Appellant.

William E. Brewer, Jr. , The Brewer Law Firm, Raleigh, NC, for Appellee.


ORDER

TERRENCE W. BOYLE, District Judge.

This matter is before the Court on the Bankruptcy Administrator's appeal from the bankruptcy court's August 17, 2011 denial of her motion to dismiss pursuant to 11 U.S.C. § 707(b)(1) and (b)(3). Because the bankruptcy court's factual findings are not clearly erroneous, and because the bankruptcy court properly conducted the presumption of abuse analysis in section 707(b)(2) and the totality of the circumstances...

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