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IN RE BAEZA

No. 08-14555-B-7.

398 B.R. 692 (2008)

In re George John BAEZA and Julie Ann Baeza, Debtors.

United States Bankruptcy Court, E.D. California, Fresno Division.

December 29, 2008.

Attorney(s) appearing for the Case

Mark L. Pope, Esq., Assistant U.S. Trustee, appeared on behalf of Sara L. Kistler, Esq., Acting U.S. Trustee.

Glen E. Gates, Esq., appeared on behalf of the debtors, George John Baeza and Julie Ann Baeza (the "Debtors").

MEMORANDUM DECISION REGARDING UNITED STATES TRUSTEE'S MOTION TO DISMISS

W. RICHARD LEE, Bankruptcy Judge.

The United States Trustee ("UST") disputes certain deductions claimed by the Debtors on Form 22A (the "Means Test"). Based thereon, the UST moves to dismiss this case as a presumed abuse of chapter 7 pursuant to 11 U.S.C. § 707(b)(2).1 In the alternative, the UST contends that the Debtors have the ability...

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