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IN RE KELLY

BAP Nos. AZ 86-1080 EMeAS, AZ 86-1117 EMeAS, Bankruptcy No. 85-00786-TUC.

70 B.R. 109 (1986)

In re Thomas G. KELLY and Pauline A. Kelly, Debtor(s). Thomas G. KELLY and Pauline A. Kelly, husband and wife, Appellant(s), v. Alan SOLOT, Trustee in Bankruptcy, Zolog and Tucson Realty and Trust Company, Appellee(s).

United States Bankruptcy Appellate Panels of the Ninth Circuit.

Decided December 16, 1986.

Attorney(s) appearing for the Case

Thomas G. Kelly, III, Blaser, Kelly & Don, P.C., Tucson, Ariz., for appellants.

Gerald Hirsch, Tucson, Ariz., for appellees.

Before ELLIOTT, MEYERS and ASHLAND, Bankruptcy Judges.

OPINION

ELLIOTT, Bankruptcy Judge:

The debtors appeal from an order dismissing their bankruptcy case. The bankruptcy judge dismissed the Kellys' Chapter 7 case pursuant to 11 U.S.C. § 707(b) after determining that their debts were primarily consumer debts and that granting relief to them would be a substantial abuse of Chapter 7. In re Kelly, 57 B.R. 536 (Bankr.D. Ariz.1986). The Kellys raise the following issues...

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