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IN RE OGLE

No. 01-32545-T.

296 B.R. 691 (2001)

In re John L. OGLE, III, Chapter 7 Debtor.

United States Bankruptcy Court, E.D. Virginia, Richmond Division.

September 17, 2001.

Attorney(s) appearing for the Case

William R. Deeley, II, Richmond, VA, for Debtor.

Robert E. Hyman, Richmond, VA, trustee.

MEMORANDUM OPINION

DOUGLAS O. TICE, Jr., Chief Judge.

Hearing was held September 6, 2001, on motion of the United States Trustee to dismiss debtor's chapter 7 bankruptcy case for substantial abuse pursuant to 11 U.S.C. § 707(b).

The trustee's motion is based on his assertion that debtor could pay a 39% dividend to unsecured creditors in a hypothetical chapter 13 case. For reasons stated in this opinion, the motion will be granted. However...

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