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IN RE FONASH

No. 1:08-bk-01856MDF.

401 B.R. 143 (2008)

In re Stephen M. FONASH, Debtor. Roberta A. DeAngelis, Acting United States Trustee, Movant v. Stephen M. Fonash, Respondent.

United States Bankruptcy Court, M.D. Pennsylvania.

December 12, 2008.

Attorney(s) appearing for the Case

Donald M Hahn, Stover McGlaughlin Gerace et al., State College, PA, for Debtor.

Gregory R. Lyons, U.S. Department of Justice, Office of the U.S. Trustee, Harrisburg, PA, for Assistant U.S. Trustee.

OPINION

MARY D. FRANCE, Bankruptcy Judge.

Before me is the motion of the United States Trustee ("UST") to dismiss the bankruptcy petition of Stephen Fonash ("Debtor"). The motion invokes 11 U.S.C. § 707(b)(2) as amended by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Pub.L. No. 109-8, 119 Stat. 23 ("BAPCPA"). Under § 707(b), granting relief under chapter 7 is presumed to constitute an abuse of the chapter if a debtor...

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