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IN RE HOWELL

No. 11-12685 B.

477 B.R. 314 (2012)

In re Jeffrey R. HOWELL and Rebecca L. Howell, Debtors.

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

September 11, 2012.

Attorney(s) appearing for the Case

Office of the United States Trustee, Jill M. Zubler, Esq. , of counsel, Buffalo, NY.

Cooke & Steffan, Thomas A. Steffan, Esq. , of counsel, Alden, NY, for Debtors.

DECISION & ORDER

CARL L. BUCKI, Chief Judge.

The United States Trustee has moved to dismiss this Chapter 7 case on grounds that the granting of bankruptcy relief would constitute an abuse. The central issue is whether the obligation to pay a non-dischargeable student loan can serve as the kind of special circumstance that will overcome a statutory presumption of abuse under 11 U.S.C. § 707(b)(2).

Jeffrey and Rebecca Howell filed a...

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