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IN RE KENISTON

Bankruptcy No. 85-0075.

85 B.R. 202 (1988)

In re Wallace E. KENISTON, Debtor.

United States Bankruptcy Court, D. New Hampshire.

March 31, 1988.

Attorney(s) appearing for the Case

Frederic Cox, Wolfeboro, N.H., for Deborah Keniston.

Erland McLetchie, Ossipee, N.H., for debtor.

Diane Puckhaber, Concord, N.H., trustee.

Elizabeth T. Luster, Daniel Sklar, Manchester, N.H., Frank Salinger, Washington, D.C., amicus counsel.

Gregory A. Harrison, Dept. of Justice, Washington, D.C., for U.S. Atty.

MEMORANDUM OPINION

JAMES E. YACOS, Bankruptcy Judge.

This case is before the court upon a sua sponte motion by the court under § 707(b) of the Bankruptcy Code questioning whether this case should not be dismissed as a "substantial abuse" of chapter 7 of the Code. The court previously took evidence on the question but before rendering a decision noted the possibility of the constitutional invalidity of the statute in question and directed further...

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