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IN RE STEWART

BAP No. 97-010, Bankruptcy No. 96-01624-W.

215 B.R. 456 (1997)

In re Jeffrey D. STEWART, Debtor. Jeffrey D. STEWART, Appellant, v. UNITED STATES TRUSTEE, Appellee.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

December 9, 1997.

Attorney(s) appearing for the Case

Richard A. Shallcross of Brewster, Shallcross & DeAngelis, Tulsa, OK, for Appellant.

Katherine M. Vance, Assistant United States Trustee, Tulsa, OK (John E. Foulston, United States Trustee, Wichita, KS; Richard A. Wieland, Wichita, KS; Martha L. Davis, General Counsel; Jeanne M. Crouse, Attorney, Executive Office of United States Trustee, Washington, DC, with her on the brief), for Appellee.

Before CLARK, ROBINSON and MATHESON, Bankruptcy Judges.

OPINION

ROBINSON, Bankruptcy Judge.

The debtor, Jeffrey D. Stewart, appeals two orders of the United States Bankruptcy Court for the Northern District of Oklahoma. The first order dismisses his bankruptcy proceeding as a substantial abuse of the provisions of Chapter 7 pursuant to 11 U.S.C. § 707(b), and the second order concludes that the statute is constitutional.1 The debtor contends that the Bankruptcy Court erred: in...

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