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IN RE FECHTER

No. 10-62688-7.

456 B.R. 65 (2011)

In re Kenneth Frederick FECHTER and Wendy Sue Fechter, Debtors.

United States Bankruptcy Court, D. Montana.

May 19, 2011.

Attorney(s) appearing for the Case

Gary S. Deschenes , Great Falls, MT, for Debtors.

MEMORANDUM OF DECISION

RALPH B. KIRSCHER, Bankruptcy Judge.

In this Chapter 7 case the Office of U.S. Trustee ("UST") filed a Motion to Dismiss ("Motion") (Docket No. 16) this case under 11 U.S.C. § 707(b)(1) based on the presumption of abuse under § 707(b)(2)(A)(i). The Debtors filed an objection admitting that the presumption of abuse exists but contending that, because their child support income would be deducted in a Chapter 13 case, requiring...

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