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IN RE SCHWENK

No. 1:08-bk-03055MDF.

411 B.R. 211 (2009)

In re Edward Lewis SCHWENK, Sr. and Ro Schwenk, a/k/a Ro Doyle, Debtors Roberta A. Deangelis, Acting United States Trustee, Movant v. Edward Lewis Schwenk, Sr. and Ro Schwenk, a/k/a Ro Doyle, Respondent.

United States Bankruptcy Court, M.D. Pennsylvania.

April 10, 2009.

Attorney(s) appearing for the Case

Keith B. DeArmond, DeArmond and Associates, York, PA, for Debtors.

OPINION

MARY D. FRANCE, Bankruptcy Judge.

Before me is the motion of the United States Trustee ("UST") to dismiss the chapter 7 bankruptcy case of Edward and Ro Schwenk ("Debtors"). Invoking 11 U.S.C. § 707(b)(3) as amended by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Pub.L. No. 109-8 ("BAPCPA"), the UST alleges that this case should be dismissed because it was filed in bad faith and because under the totality of the...

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