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Daniel & Penny Schmidt, Ch. 7, BK96-80149 (Aug. 15, 1996)

These debtors have the ability to pay some debts from future income, so the U.S. Trustee's motion to dismiss under 11 U.S.C. section 707(b) is granted. No bright-line rule is necessary; the ability to fund a Chapter 13 plan is the determinative factor.

Date: 
Thursday, August 15, 1996
Judge: 
Judge Timothy J. Mahoney (Retired)