In Re Eugene Wayne Koch, Debra Marie Nelson-Koch, Debtors. Barbara G. Stuart, United States Trustee v. Eugene Wayne Koch, Debra Marie Nelson-Koch

U.S. Court of Appeals, Eighth Circuit · Decided 1997-03-28

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LOKEN, Circuit Judge. We again consider the relationship between two provisions added to the Bankruptcy Code in 1984 — the power to dismiss a Chapter 7 proceeding if debtor’s discharge would result in “substantial abuse,” 11 U.S.C. § 707 (b), and the requirement that Chapter 13 debtors repay unsecured creditors with post-petition “disposable income,” § 1325(b)(1)(B). We have previously…

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