IN RE FENNELL

No. 08-01693-jw.

395 B.R. 905 (2008)

In re James Michael FENNELL, Nancy Carol Fennell, Debtors.

United States Bankruptcy Court, D. South Carolina.

September 2, 2008.


Attorney(s) appearing for the Case

Michael J. Cox, Michael J. Cox, Attorney at Law, LLC, Columbia, SC, for Debtors.


ORDER

JOHN E. WAITES, Chief Judge.

This matter comes before the Court on a motion filed by the United States Trustee ("UST") to dismiss this case pursuant to 11 U.S.C. § 707(b)(1), based on bad faith and the totality of the circumstances under 11 U.S.C. § 707(b)(3)(A, B).1 James Michael Fennell and Nancy Carol Fennell ("Debtors") filed a response and argue, among other things, that the UST is barred from bringing the...

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