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IN RE HERBERT

No. 08-10232.

405 B.R. 165 (2008)

In re Thomas C. HERBERT, Debtor.

United States Bankruptcy Court, W.D. North Carolina, Asheville Division.

July 30, 2008.

Attorney(s) appearing for the Case

Edward C. Hay, Jr., Pitts, Hay & Hugenschmidt, P.A., Asheville, NC, for Debtor.

ORDER DENYING MOTION TO DISMISS

GEORGE R. HODGES, Bankruptcy Judge.

This matter is before the court on the Motion to Dismiss filed by the Bankruptcy Administrator ("BA"). The sole issue presented by the BA's motion is the definition of the phrase "household size" as it is used on Form B22A. Having considered the pleadings and the arguments of counsel, the court denies the BA's Motion to Dismiss and finds that the debtor may claim a household size...

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