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McDOW v. DUDLEY

Civil Action No. 7:09cv00336. Bankruptcy No. 08-71561RKR.

428 B.R. 686 (2010)

W. Clarkson McDOW, Jr., United States Trustee for Region Four, Appellant, v. David V. DUDLEY, Appellee.

United States District Court, W.D. Virginia, Roanoke Division.

April 28, 2010.

Attorney(s) appearing for the Case

Garren Robert Laymon, William Joseph Alan Charboneau, for Debtors.

MEMORANDUM OPINION

SAMUEL G. WILSON, District Judge.

This is a bankruptcy appeal purportedly pursuant to 28 U.S.C. § 158(a)(1) by the United States Trustee from a determination by the Bankruptcy Court that the means testing provision of 11 U.S.C. § 707(b)(1), which was intended to proscribe abusive filings, does not apply to a case that has been converted from Chapter 13 to Chapter 7 of the Bankruptcy...

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