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IN RE BEHLKE

No. 02-4306.

358 F.3d 429 (2004)

In re William M. BEHLKE and Dina E. Behlke, Debtors, William M. Behlke and Dina E. Behlke, Appellants, v. Saul Eisen, United States Trustee, Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 20, 2004.

Petition for Rehearing Denied May 20, 2004.

Attorney(s) appearing for the Case

ARGUED: Stephen D. Hobt, Cleveland, OH, for Appellants.

P. Matthew Sutko, DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee.

ON BRIEF: Stephen D. Hobt, Cleveland, Ohio, for Appellants.

P. Matthew Sutko, DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee.

Before BOGGS, Chief Circuit Judge; GUY, Circuit Judge; HOOD, District Judge.

Petition for Rehearing Denied En Banc: May 20, 2004.

Pursuant to Sixth Circuit Rule 206.

OPINION

RALPH B. GUY, JR., Circuit Judge.

Debtors, William M. and Dina E. Behlke, appeal from the decision of the Bankruptcy Appellate Panel (BAP) affirming the bankruptcy court's order granting the Trustee's motion to dismiss this voluntary Chapter 7 bankruptcy petition for "substantial abuse" under 11 U.S.C. § 707(b). Section 707(b) provides that...

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