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IN RE HARRIS

BAP No. CC-01-1423-BKMo. Bankruptcy No. SA 01-12973-JB.

279 B.R. 254 (2002)

In re William R. HARRIS and Anita L. Harris, Debtors. William R. Harris and Anita L. Harris, Appellants, v. United States Trustee and Thomas H. Casey, Chapter 7 Trustee, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed May 14, 2002.

Attorney(s) appearing for the Case

Allan Dean Epstein, Epstein & Ascher, P.C., Orange, CA, for William and Anita Harris.

Michael Hauser, Office of the United states Trustee, Santa Ana, CA, for U.S. Trustee.

Before BRANDT, KLEIN, and MONTALI, Bankruptcy Judges.

OPINION

BRANDT, Bankruptcy Judge.

Debtors William R. Harris and Anita L. Harris appeal the bankruptcy court's order dismissing their chapter 71 case for substantial abuse under § 707(b). We REVERSE, as no evidence supports the bankruptcy court's finding of substantial abuse.

I. FACTS

The Harrises filed for chapter 7 relief on 10 April 2001, seeking discharge of $122,558 of unsecured nonpriority debt, consisting...

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