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IN RE DINOVA

Bankruptcy No. 96 B 16755, BAP No. 97-50015.

212 B.R. 437 (1997)

In re Francis J. DINOVA, Debtor. Francis J. DINOVA, Plaintiff-Appellant, v. Gregory G. HARRIS, Ch. 7 Trustee, and Mary Elizabeth Tom, Acting United States Trustee, Defendant-Appellees.

United States Bankruptcy Appellate Panel of the Second Circuit.

Decided September 19, 1997.

Attorney(s) appearing for the Case

Richard Croak & Associates, P.C. by Richard Croak, Albany, NY, for Debtor.

Harris & Bixby by Karen B. Simons, Albany, NY, for Chapter 7 Trustee Gregory G. Harris.

Mary Elizabeth Tom, Acting United States Trustee by Kim F. LeFebvre, Albany, NY.

Before: NINFO, GALLET, and HARDIN, Bankruptcy Judges.

DECISION

ADALAI S. HARDIN, Jr., Bankruptcy Judge.

Francis J. DiNova (the "Debtor") appeals the dismissal of his Chapter 7 case on the ex parte application of Gregory G. Harris, the Chapter 7 Trustee (the "Trustee").1 We have jurisdiction of this appeal pursuant to 28 U.S.C. § 158(b) and (c). Because the Trustee's ex parte motion violated 11 U.S.C. § 707(a) and...

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