IN RE TALMADGE

No. 5-06-bk-50001.

371 B.R. 96 (2007)

In re Elmer P. TALMADGE, Rachel A. Talmadge, Debtors. Kelly Beaudin Stapleton, United States Trustee, Movant, v. Elmer P. Talmadge, Rachel A. Talmadge, Respondents.

United States Bankruptcy Court, M.D. Pennsylvania.

June 28, 2007.


Attorney(s) appearing for the Case

Brad Kurlancheek, Esq., Wilkes Barre, PA, for Debtors.


OPINION

JOHN J. THOMAS, Bankruptcy Judge.

The United States Trustee contends that the Chapter 7 filing of the Debtors is presumed abusive under the Bankruptcy Code, § 707(b)(2). The Debtors dispute that conclusion and suggest that the statutory language is being misinterpreted.

If I find that a consumer Chapter 7 debtor is abusing the provisions of Chapter 7, then I may dismiss the case...

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