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IN RE OLIVER

No. 02-10183 B.

279 B.R. 69 (2002)

In re Carl D. OLIVER, Debtor.

United States Bankruptcy Court, W.D. New York.

May 29, 2002.

Attorney(s) appearing for the Case

Carolyn S. Schwartz, Buffalo, NY, United States Trustee, Christopher K. Reed, Buffalo, NY, Assistant United States Trustee of counsel.

Bruce Kevin Koren, Kenmore, NY, for Debtor.

CARL L. BUCKI, Bankruptcy Judge.

The United States Trustee has moved to dismiss the chapter 7 petition of an individual who died shortly before the first meeting of creditors. At issue is whether the debtor's failure to appear constitutes a per se basis for dismissal.

Carl D. Oliver, the debtor herein, filed his petition for relief under chapter 7 of the Bankruptcy Code on January 11, 2002. Consistent with the...

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