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IN RE FREDMAN

No. 11-40791.

471 B.R. 540 (2012)

In re David B. FREDMAN, Sheila V. Fredman, Debtor(s).

United States Bankruptcy Court, S.D. Illinois.

May 31, 2012.

Attorney(s) appearing for the Case

Douglas A. Antonik , Mt. Vernon, IL, for Debtors.

OPINION

LAURA K. GRANDY, Bankruptcy Judge.

In a matter of first impression in this District, the Court is asked to decide whether above-median chapter 7 debtors, in performing the means test, may deduct mortgage payments on real estate that they intend to surrender. In this case, the United States Trustee (UST) is challenging the debtors' decision to proceed in a chapter 7 case as an abuse of the Bankruptcy system as defined in 11 U.S.C. §§...

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