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IN RE VOELKEL

BAP No. CC-04-1251-MOMKMA. Bankruptcy No. SA 04-11677-JR.

322 B.R. 138 (2005)

In re Barbara VOELKEL, Debtor. Barbara Voelkel, Appellant, v. Karen S. Naylor, Chapter 7 Trustee, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed March 11, 2005.

Attorney(s) appearing for the Case

Richard G. Heston, Newport Beach, CA, for Barbara Voelkel.

Before: MONTALI, MARKELL, and MARLAR, Bankruptcy Judges.

OPINION

MONTALI, Bankruptcy Judge.

1. INTRODUCTION

In this case, Barbara Voelkel ("Debtor") appeals the bankruptcy court's sua sponte order dismissing her chapter 73 case for substantial abuse. We REVERSE and REMAND because the court did not rebut the section 707(b) presumption, and we hold that the presumption in favor of a debtor's right to bankruptcy relief prevents dismissal for substantial abuse unless...

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