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IN RE HILMES

Civil Action No. 4:09-CV-732-Y.

438 B.R. 897 (2010)

In re Cindy Ann HILMES, Debtor. United States Trustee, Appellant v. Cindy Ann Hilmes, Appellee.

United States District Court, N.D. Texas, Fort Worth Division.

August 19, 2010.

Attorney(s) appearing for the Case

Elizabeth Ann Ziegler , U.S. Trustee's Office, Dallas, TX.

Erin Marie Schmidt , U.S. Department of Justice, Dallas, TX, for Appellant.

Behrooz P. Vida , Venable & Vida, Bedford, TX, for Appellee.

Russell F. Nelms , U.S. Bankruptcy Court, Fort Worth, TX, for Debtor.

ORDER REVERSING AND REMANDING BANKRUPTCY COURT'S DENIAL OF TRUSTEE'S MOTION TO DISMISS

TERRY R. MEANS, District Judge.

Before the Court is the appeal of the United States Trustee ("the Trustee") in this chapter 7 case. The Trustee appeals the bankruptcy court's denial of his motion to dismiss this case for abuse under 11 U.S.C. § 707(b)(3). After review, the Court concludes that the bankruptcy court applied an erroneous standard in ruling on...

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