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IN RE KOCH

Bankruptcy No. 94-40262. No. CIV 94-4265.

187 B.R. 664 (1995)

In re Eugene Wayne KOCH and Debra Marie Nelson-Koch, Debtors. Wesley HUISINGA, United States Trustee, Appellant, v. Eugene Wayne KOCH and Debra Marie Nelson-Koch, Appellees.

United States District Court, D. South Dakota, Southern Division.

September 28, 1995.

Attorney(s) appearing for the Case

Charles Nail, U.S. Trustee, Sioux Falls, SD, for appellant.

Douglas P. Cummings, Jr., East River Legal Services, Sioux Falls, SD, for appellees.

A. Thomas Pokela, Trustee, Sioux Falls, SD.

Craig P. Gaumer, U.S. Attorney's Office, Sioux Falls, SD, for interested party, U.S.A.

MEMORANDUM OPINION AND ORDER

PIERSOL, District Judge.

The United States Trustee appeals the decision of the Bankruptcy Court denying the Trustee's motion to dismiss this Chapter 7 proceeding for substantial abuse under 11 U.S.C. § 707(b). For the reasons discussed below, the Court affirms.

Debtors, who are husband and wife, jointly filed this Chapter 7 case on May 13, 1994. On Schedule B, the debtors claim personal property assets in the amount...

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