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IN RE CLARK

No. 90-2033.

927 F.2d 793 (1991)

In Re Cleatus Lanford CLARK, Debtor. UNITED STATES TRUSTEE FOR the WESTERN DISTRICT OF VIRGINIA, Plaintiff-Appellant, v. Cleatus Lanford CLARK; Jo S. Widener, Trustee, Defendants-Appellees, American Financial Services Association, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided March 8, 1991.

As Amended March 18, 1991.

Attorney(s) appearing for the Case

Bruce G. Forrest, Civ. Div., Stuart M. Gerson, Acting Asst. Atty. Gen., William Kanter, Civ. Div., John E. Logan, General Counsel, Martha L. Davis, Executive Office of the U.S. Trustee, U.S. Dept. of Justice, Washington, D.C., on brief, for plaintiff-appellant.

Joseph E. Wolfe, Michael Carico, Law Student, Wolfe & Farmer, Norton, Va., on brief, for defendants-appellees.

Frank Max Salinger, Robert E. McKew, American Financial Services Ass'n, Washington, D.C., for amicus curiae.

Before POWELL, Associate Justice (Retired), United States Supreme Court, sitting by designation, and PHILLIPS and WILKINS, Circuit Judges.

PHILLIPS, Circuit Judge:

This is an appeal by a United States trustee (trustee) from the district court's decision that the trustee did not have standing to appeal a bankruptcy court's refusal to entertain a motion by the trustee to dismiss under 11 U.S.C. § 707(b), and from the bankruptcy court's underlying dismissal of the motion. Because we hold that the trustee has standing to appeal and, on the merits, that the trustee can file a § 707(b) motion at...

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