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FONDER v. U.S.

No. 91-2872.

974 F.2d 996 (1992)

Kim Michael FONDER, Sr., Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided September 9, 1992.

Attorney(s) appearing for the Case

John H. Mairose, Rapid City, S.D., argued, for plaintiff-appellant.

Charles L. Nail, Jr., Sioux Falls, S.D., argued (Martha L. Davis and Clifford J. White, III, on brief), for defendant-appellee.

Before McMILLIAN, WOLLMAN, and LOKEN, Circuit Judges.

LOKEN, Circuit Judge.

Kim Michael Fonder appeals the district court1 judgment affirming the bankruptcy court's2 dismissal of his Chapter 7 bankruptcy petition. The bankruptcy court held that the petition was a "substantial abuse" of Chapter 7 within the meaning of § 707(b) of the Bankruptcy Code, 11 U.S.C. § 707(b), because Fonder has the financial ability to fund a Chapter 13 plan that will repay...

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