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IN RE CARBAUGH

No. 02-38220 HDH-7.

299 B.R. 395 (2003)

In re Richard F. CARBAUGH, Debtor.

United States Bankruptcy Court, N.D. Texas, Dallas Division.

June 3, 2003.

Attorney(s) appearing for the Case

Robert H. Rennecker, Dallas, TX, for Debtor.

St. Clair Newbern, III, Fort Worth, TX, for Dona M. Carbaugh.

MEMORANDUM OPINION

HARLIN D. HALE, Bankruptcy Judge.

This case presents the issue of whether "bad faith" may be "cause" under Bankruptcy Code § 707(a) for dismissal of a Chapter 7 case. In addition, if cause includes bad faith, does bad faith exist in the present case to mandate dismissal?

After reviewing the evidence, arguments, briefs, and existing case law, the Court determines that, in the Fifth Circuit, cause for dismissal under...

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