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IN RE GOMES

BAP No. EC-97-1599-RRYAH, Bankruptcy No. 97-22812.

220 B.R. 84 (1998)

In re Barriett A. GOMES and Gloria A. Gomes, Debtors. Barriett A. GOMES and Gloria A. Gomes, Appellants, v. UNITED STATES TRUSTEE, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided March 24, 1998.

Attorney(s) appearing for the Case

Daniel R. Bell, Law Offices of John A. Tosney, Sacramento, CA, for Barriet A. and Gloria A. Gomes.

Donna S. Tamanaha, Office of U.S. Trustee, Sacramento, CA, for U.S. Trustee.

Before: RUSSELL, RYAN and AHART, Bankruptcy Judges.

OPINION

RUSSELL, Bankruptcy Judge.

A hearing was held on July 23, 1997 on the United States Trustee's motion to dismiss the debtors' chapter 7 case under § 707(b).2 On July 25, 1997, the court issued its Civil Minute Order dismissing the case if it were not converted to one under chapter 13 by July 31, 1997. The debtors converted their case to chapter 13 before the effective date of the order. The chapter 13 case...

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