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Opinion 415

Case Name: 

In re Dabbas

Judge: 
Judge Clark
Date: 
Aug-24-2000
Case Number(s): 
00-21217
Status: 

UNPUBLISHED

Body: 

The matter before the court is a motion to dismiss a chapter 7 bankruptcy case for substantial abuse under §707(b). The bankruptcy court relied upon In re Stewart , 175 F.3d 796 (10th Cir. 1999) and its "totality of the circumstances" test to determine if substantial abuse exists. Under the totality of the circumstances test, the debtors can reduce expenses without being deprived of adequate food, clothing, shelter, or other necessities; therefore, unless the case is converted to another chapter within ten days, the case is dismissed for substantial abuse of the bankruptcy laws.

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Opinion 415
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