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IN RE WITCHER

No. 11-15883.

702 F.3d 619 (2012)

In re Robert Alan WITCHER, Jennifer Witcher, Debtors. Robert Alan Witcher, Jennifer Witcher, Plaintiffs-Appellants, v. Valery W. Early, III, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

December 13, 2012.

Attorney(s) appearing for the Case

LeRoy Alan Cobb , Cobb Law Firm, Anniston, AL, for Plaintiffs-Appellants.

Robert J. Landry, III , U.S. Bankruptcy Adm'r, Anniston, AL, James Thomas Corbett , Bankruptcy Adm'r Northern Dist. of Alabama, Birmingham, AL, for Defendant-Appellee.

Before DUBINA, Chief Judge, and CARNES and GILMAN, Circuit Judges.

GILMAN, Circuit Judge:

The question in this case is whether a court may take into account a debtor's ability to pay his or her debts in determining whether "the totality of the circumstances... of the debtor's financial situation demonstrates abuse" of chapter 7 of the Bankruptcy Code under 11 U.S.C. § 707(b)(3)(B). We hold that the court may do so. The judgment of the district court is therefore AFFIRMED.

I. BACKGROUND

Robert Alan...

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