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IN RE DRAISEY

Bankruptcy No. 08-6016.

395 B.R. 79 (2008)

In re Geoff Paul DRAISEY and Kristin Denise Draisey, Debtors. Habbo Fokkena, Plaintiff-Appellant, v. Geoff Paul Draisey and Kristin Denise Draisey, Defendants-Appellees.

United States Bankruptcy Appellate Panel of the Eighth Circuit.

Filed October 16, 2008.

Attorney(s) appearing for the Case

William L. Courshon, Seattle, WA, Michael E. Ridgway, Minneapolis, MN, on the Briefs, for appellant.

William L. Bodensteiner, Austin, MN, for appellees.

Before FEDERMAN, MAHONEY and VENTERS, Bankruptcy Judges.

MAHONEY, Bankruptcy Judge.

The United States Trustee ("UST") appeals the Bankruptcy Court's order denying the UST's motion to dismiss pursuant to 11 U.S.C. § 707(b)(3)(B). For the reasons set out below, we reverse.

JURISDICTION

The Bankruptcy Appellate Panel has jurisdiction over this appeal under 28 U.S.C. § 158(a), (b) and (c). The Bankruptcy Court's order denying the UST's § 707(b) motion is a final, appealable order.

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