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IN RE SMIHULA

Bankruptcy No. 98-13949.

234 B.R. 240 (1999)

In re James A. SMIHULA, Jean M. Smihula, Debtors.

United States Bankruptcy Court, D. Rhode Island.

May 24, 1999.

Attorney(s) appearing for the Case

Christopher M. Lefebvre, Pawtucket, RI, for Debtors.

Sheryl Serreze, Assistant U.S. Trustee, Office of the United States Trustee, Providence, RI.

§ 707(b) CONDITIONAL ORDER OF DISMISSAL

ARTHUR N. VOTOLATO, Bankruptcy Judge.

Before the Court is the United States Trustee's Motion to Dismiss the Debtors' Chapter 7 case, pursuant to 11 U.S.C. § 707(b). The facts are not in dispute and it is agreed that no further hearing is necessary, therefore the matter may be decided on the papers. This is how the parties have framed the issue:

Whether the Bankruptcy Court may consider the...

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