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IN RE WISE

No. 10-11140.

453 B.R. 220 (2011)

In re Mark A. WISE and Cynthia D. Wise, Debtors.

United States Bankruptcy Court, D. Vermont.

July 25, 2011.

Attorney(s) appearing for the Case

David W. Lynch, Esq. , Colchester, VT, for the Debtors.

Kevin Purcell, Esq. , Albany, NY, for the United States Trustee.

MEMORANDUM OF DECISION

DENYING THE UNITED STATES TRUSTEE'S MOTION TO DISMISS CASE

COLLEEN A. BROWN, Bankruptcy Judge.

The United States Trustee has filed a motion to dismiss the Debtors' Chapter 7 case for abuse under 11 U.S.C. § 707(b)(1),1 based upon a presumption of abuse under § 707(b)(2) and the totality of the circumstances under § 707(b)(3)(B). For the reasons set forth below, the...

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