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In re David Durfee and Sandra Durfee

Bankr. No.: 
05-10354
Date of Decision: 
January 31, 2006
Issue: 
Whether the United States Trustee’s motion for judgment on the pleadings regarding its motion to dismiss for substantial abuse under 11 U.S.C. § 707(b) should be granted where pleadings indicated Debtors had monthly disposable income of just over $1,300.00 with which to fund a Chapter 13 plan?
Ruling: 
The motion for judgment on the pleadings was granted, and Debtors were given an opportunity to convert their Chapter 7 case to Chapter 13 in lieu of dismissal under § 707(b).
Full Bankruptcy Court Decision: