IN RE ANDERSON

No. 10-11161 B.

444 B.R. 505 (2011)

In re Dale E. ANDERSON, Debtor.

United States Bankruptcy Court, W.D. New York.

March 21, 2011.


Attorney(s) appearing for the Case

Tracy Hope Davis , United States Trustee/Region 2, By: Joseph W. Allen, Esq. , Assistant United States Trustee, Peter D. Grubea, Esq. , Buffalo, NY, for the Debtor.


DECISION & ORDER

CARL L. BUCKI, Chief Judge.

The Office of the United States Trustee has moved to dismiss this Chapter 7 case as an abusive filing under 11 U.S.C. § 707(b). Although he concedes income at a level that would satisfy the statutory requirement for a finding of abuse, the debtor asserts that his special circumstances should rebut that presumption, and that in any event, the court should exercise discretion to deny the motion for...

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