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IN RE SMITH

No. 01-50225-JWV.

269 B.R. 686 (2001)

In re James Elliott SMITH and Joyce Ann Smith, Debtors.

United States Bankruptcy Court, W.D. Missouri, St. Joseph Division.

November 19, 2001.

Attorney(s) appearing for the Case

William E. Erdrich, St. Joseph, MO, for Debtors.

Sherri L. Wattenbarger, Kansas City, MO, for United States Trustee.

MEMORANDUM OPINION AND ORDER

JERRY VENTERS, Bankruptcy Judge.

The United States Trustee ("Trustee") filed a Motion to Dismiss for Substantial Abuse in this Chapter 7 case on August 3, 2001, ("Motion" Doc. # 11) asking the Court to dismiss this case pursuant to the "substantial abuse" provisions of 11 U.S.C. § 707(b). The Debtors, James Elliott Smith and Joyce Ann Smith ("Debtors"), filed a response objecting to the relief requested in the Motion...

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