IN RE BANNISH

No. EDCV 03-1091-GHK.

311 B.R. 547 (2004)

In re Donald E. BANNISH, Gail L. Bannish, Debtors. Donald E. Bannish and Gail L. Bannish, Appellants, v. Maureen A. Tighe, United States Trustee for Region 16, Appellee.

United States District Court, CD. California.

April 22, 2004.


Attorney(s) appearing for the Case

Cynthia McCoy, Cynthia McCoy Law Offices, Hesperia, CA, for appellants.

Timothy J. Farris, U.S. Trustee's Office, Riverside, CA, for appellee.


MEMORANDUM AND ORDER

KING, District Judge.

This matter is before the court on debtors-appellants' appeal from the dismissal of their Chapter 7 bankruptcy petition unless it was converted to one under Chapter 13. On appeal, we are asked to consider whether 11 U.S.C. § 707(b), which allows for dismissal of a Chapter 7 petition by a debtor with primarily consumer debts if the granting of Chapter 7 relief would constitute a "substantial abuse," violates...

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