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WAITES v. BRALEY

Civ. A. No. 89-639-N.

110 B.R. 211 (1990)

John E. WAITES, Jr., United States Trustee Region Four, Appellant, v. Gary Lee BRALEY, Margarette Clark Braley, Appellees.

United States District Court, E.D. Virginia, Norfolk Division.

January 26, 1990.

Attorney(s) appearing for the Case

Debera F. Conlon, Asst. U.S. Trustee Norfolk, Va., for appellant.

Martin K. Griffin, The Legal Clinic of Stuart R. Gordon Virginia Beach, Va., for appellees.

Beril M. Abraham, Valerie L. Bowen, Pender & Coward, Virginia Beach, Va., amicus brief for appellees.

OPINION

REBECCA BEACH SMITH, District Judge.

The United States Trustee appeals the bankruptcy court's denial of his motion to dismiss the case of Gary Lee and Margarette Braley for substantial abuse pursuant to 11 U.S.C. § 707(b). On February 10, 1989, the Braleys filed a petition for relief under Chapter 7 of the Bankruptcy Code in the Eastern District of Virginia, Norfolk Division. On April 21, 1989, the Trustee filed a Motion to Dismiss for Substantial...

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