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IN RE KHACHIKYAN

BAP No. CC-04-1589-KMOB. Bankruptcy No. LA 04-22852-ER.

335 B.R. 121 (2005)

In re Vigen KHACHIKYAN, Debtor. Vigen Khachikyan, Appellant, v. David L. Hahn, Chapter 7 Trustee; United States Trustee, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed November 2, 2005.

Attorney(s) appearing for the Case

Henrik Mosesi, Glendale, CA, for debtor.

David L. Hahn, Hahn Fife & Co., LLP, Rancho Santa Margarita, CA, trustee.

Before: KLEIN, MONTALI, and BRANDT, Bankruptcy Judges.

OPINION

KLEIN, Bankruptcy Judge.

The question is whether the dismissal of a bankruptcy case pursuant to 11 U.S.C. § 707(b) as a "substantial abuse" of chapter 7 was erroneous because the United States trustee did not prove there was a nexus between alleged credit card abuse that occurred seventeen months prebankruptcy and the filing of bankruptcy by one who is unable to fund a chapter 13 plan. Assuming...

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