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IN RE MARTIN

Bankruptcy No. A89-00258.

107 B.R. 247 (1989)

In re Ben L. MARTIN and Patricia A. Martin, Debtors.

United States Bankruptcy Court, D. Alaska.

October 12, 1989.

Attorney(s) appearing for the Case

Robert D. Miller, Asst. U.S. Trustee, Spokane, Wash.

David S. Rankine, Law Offices of William L. McNall, Anchorage, Alaska, for debtors.

MEMORANDUM DECISION DENYING UNITED STATES TRUSTEE'S § 707(b) MOTION TO DISMISS

HERBERT A. ROSS, Bankruptcy Judge.

The United States Trustee moved to dismiss this chapter 7 case unless debtors agree to convert to chapter 13. The motion was filed under the "substantial abuse" provision in 11 U.S.C. § 707(b) which states:

After notice and a hearing, the court, on its own motion or on a motion by the United States trustee, but not at the request...

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