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MATTER OF DAY

No. 83-1461.

747 F.2d 405 (1984)

In the Matter of Eugene Arthur DAY, Debtor-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided October 26, 1984.

Attorney(s) appearing for the Case

William F. Thoms, Jr., Indianapolis, Ind., for appellant.

Gary Lynn Hostetler, Hopper & Opperman, Indianapolis, Ind., for appellee.

Before CUMMINGS, Chief Judge, and COFFEY and FLAUM, Circuit Judges.

COFFEY, Circuit Judge.

Debtor Eugene A. Day filed a Chapter 13 bankruptcy petition, claiming unsecured debts of $65,000 and secured debts of $161,000 in his schedules and statements. Creditor Medical Funding Services ("MFS") moved to dismiss the petition, claiming that debtor's unsecured obligations actually exceeded $100,000, in violation of 11 U.S.C. § 109(e). That section provides that "[o]nly an individual with regular income that owes, on the date of the...

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