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IN RE JOSEPH

BAP No. CC-96-1016-OSMe, Bankruptcy No. LA 95-29355-SB.

208 B.R. 55 (1997)

In re Sharon Claire JOSEPH, Debtor. UNITED STATES TRUSTEE, Appellant, v. Sharon Claire JOSEPH; and Duke Salisbury, Chapter 7 Trustee, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

March 31, 1997.

Attorney(s) appearing for the Case

MaryAnne Banks Wilsbacher, Office of the United States Trustee, Los Angeles, CA, for the United States Trustee.

Before: OLLASON, SNYDER and MEYERS, Bankruptcy Judges.

OPINION

OLLASON, Bankruptcy Judge:

The United States Trustee ("UST"), upon a referral by the Chapter 72 Trustee ("panel trustee"), brought a motion to dismiss the bankruptcy petition on the basis of substantial abuse because the debtor was able to pay her creditors. The bankruptcy court did not hear substantive argument but denied the motion as a matter of law, generally stating that Congress did not intend motions to...

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