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IN RE LAMANNA

No. 98-9003.

153 F.3d 1 (1998)

In re Richard LAMANNA, Debtor. FIRST USA, et al., Appellees, v. Richard LAMANNA, Appellant.

United States Court of Appeals, First Circuit.

Decided August 25, 1998.

Attorney(s) appearing for the Case

Peter G. Berman, with whom Raskin & Berman was on brief, for appellant.

Eric Kempton Bradford, Office of the United States Trustee, with whom Paul W. Bridenhagen, Executive Office for United States Trustees, was on brief, for amicus curiae J. Christopher Marshall, United States Trustee.

Before BOUDIN, Circuit Judge, WELLFORD, Senior Circuit Judge, and LYNCH, Circuit Judge.

LYNCH, Circuit Judge.

The question presented is the meaning of "substantial abuse" under § 707(b) of the Bankruptcy Code and the criteria by which it is measured. This is a question of first instance in this circuit. A Chapter 7 bankruptcy petition of an individual debtor whose debts are primarily consumer debts may be dismissed if the court finds that granting relief would be a "substantial abuse" of the Chapter. See 11 U.S.C. § 707(b).

Richard...

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