IN RE NOCKERTS

No. 06-24480-svk.

357 B.R. 497 (2006)

In re Ricky L. NOCKERTS and Geri L. Nockerts, Debtors.

United States Bankruptcy Court, E.D. Wisconsin.

December 14, 2006.


Attorney(s) appearing for the Case

John A. Foscato, Green Bay, WI, for Debtors.


MEMORANDUM DECISION ON MOTION TO DISMISS

SUSAN V. KELLEY, Bankruptcy Judge.

The U.S. Trustee has moved to dismiss this case based on a presumption of abuse under Bankruptcy Code § 707(b)(2) or as an abuse under § 707(b)(3). This chapter 7 case was filed on August 15, 2006, and is governed by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA). The parties have stipulated to most of the facts.

The Debtors are "above...

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