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BLAUSEY v. U.S. TRUSTEE

No. 07-15955.

552 F.3d 1124 (2009)

John C. BLAUSEY; Deann J. Blausey, Debtors-Appellants, v. U.S. TRUSTEE, Trustee-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 23, 2009.

Attorney(s) appearing for the Case

David N. Chandler, Jr. (argued), David N. Chandler Sr., David N. Chandler, P.C., Santa Rosa, CA, for the debtors-appellants.

Stephanie R. Marcus (argued), Peter D. Keisler, William Kanter, U.S. Department of Justice, Civil Division, Washington, D.C., Roberta A. DeAngelis, P. Matthew Sutko, David A. Levine, Office of the General Counsel, Executive Office for U.S. Trustees, U.S. Department of Justice, Washington, D.C.; James A. Shepherd, Office of the U.S. Trustee, San Francisco, CA, for trustee-appellee.

Before: B. FLETCHER, M. MARGARET McKEOWN, and NEIL M. GORSUCH, Circuit Judges.

PER CURIAM:

John and Deann Blausey appeal the bankruptcy court's dismissal of their petition for Chapter 7 bankruptcy. The bankruptcy court granted the U.S. Trustee's motion to dismiss the case pursuant to 11 U.S.C. § 707(b)(2), a provision of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA"), which allows the U.S. Trustee to move for dismissal where a statutory means test demonstrates a presumption of abuse. The bankruptcy court...

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