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IN RE CORTEZ

No. 05-10459.

457 F.3d 448 (2006)

In Re: Carlos Vicente CORTEZ; Suzanne Hallman Cortez, Debtors. United States Trustee, Appellee, v. Carlos Vicente Cortez; Suzanne Hallman Cortez, Appellants.

United States Court of Appeals, Fifth Circuit.

July 20, 2006.

Attorney(s) appearing for the Case

Erin Marie Schmidt, U.S. Dept. of Justice, Office of U.S. Trustee, Dallas, TX, William Kanter, Tara Leigh Grove (argued), U.S. Dept. of Justice, Civ. Div., Washington, DC, for Appellee.

Behrooz P. Vida (argued), Venable & Vida, Bedford, TX, for Appellants.

Before KING, STEWART and DENNIS, Circuit Judges.

KING, Circuit Judge:

This case arises from the debtors' bankruptcy filed under Chapter 7 on April 8, 2004, and the United States Trustee's motion to dismiss for substantial abuse filed under 11 U.S.C. § 707(b) on July 9, 2004. The issue presented on appeal is whether a bankruptcy court should consider post-petition events in deciding whether to dismiss a case for substantial abuse under § 707(b). The bankruptcy court determined that post-petition events...

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