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IN RE HELLER

No. 93-4020-SAC, Bankruptcy No. 92-41445-7.

160 B.R. 655 (1993)

In re H. Craig HELLER, Debtor. H. Craig HELLER, Appellant, v. John E. FOULSTON, United States Trustee, Appellee.

United States District Court, D. Kansas.

October 8, 1993.

Attorney(s) appearing for the Case

Craig E. Collins, Jerome M. Saskowski, Topeka, KS, for debtor.

Robert L. Baer, pro se.

MEMORANDUM AND ORDER

CROW, District Judge.

H. Craig Heller appeals the bankruptcy court's decision granting the United States Trustee's motion to dismiss Heller's Chapter 7 petition under 11 U.S.C. § 707(b). Specifically, the bankruptcy court found that Heller had "substantially abused" the provisions of Chapter 7 because Heller would have surplus disposable income available to repay creditors for which a Chapter 7 discharge was sought. Heller challenges...

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