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IN RE JOHNSON

No. 08-02993-PB7.

399 B.R. 72 (2008)

In re Steven Richard JOHNSON and Michelle Lora Johnson, Debtors.

United States Bankruptcy Court, S.D. California.

December 8, 2008.

Attorney(s) appearing for the Case

Haeji Hong, Office of the U.S. Trustee, San Diego, CA, for U.S. Trustee.

Richard R. Schwabe, Vista, CA, for Debtors.

ORDER ON MOTION TO DISMISS OF UNITED STATES TRUSTEE

PETER W. BOWIE, Chief Judge.

The United States Trustee has moved to dismiss this Chapter 7 case under 11 U.S.C. § 707(b)(3). The basis for the motion raises difficult issues of Congressional intent in its enactment in 2005 of the revisions to the Bankruptcy Code, known commonly as BAPCPA.

This Court has subject matter jurisdiction over the proceeding pursuant to 28 U.S.C. § 1334 and General...

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