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IN RE MORRIS

Bankruptcy No. 692-61930-H07.

153 B.R. 559 (1993)

In re Mary K. MORRIS, Debtor.

United States Bankruptcy Court, D. Oregon.

April 5, 1993.

Attorney(s) appearing for the Case

Barry L. Taub, Eugene, OR, for debtor.

Paul J. Garrick, Eugene, OR, for U.S. Trustee.

MEMORANDUM OPINION

POLLY S. HIGDON, Bankruptcy Judge.

The U.S. Trustee has filed a motion to dismiss this case under 11 U.S.C. § 707(b)1 on the basis that the filing of the Chapter 7 constitutes a substantial abuse of its provisions. At the hearing the court rejected the debtor's assertion that, pursuant to Bankruptcy Rule 1017(e), the motion was untimely.

The debtor has raised a further procedural defense to the...

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