In the case of In re Parada, 2008 WL 126626 (Bkrtcy.S.D.Fla. January 10, 2008)(Isicoff, J.) the court was presented with the U.S. Trustee's motion to dismiss the chapter 7 debtors' case as an abuse pursuant to section 707(b)(1) by the application of the section 707(b)(2) means test presumption and pursuant to the 707(b)(3)(B) totality of the circumstances of the financial situation test. The court found that while the debtors passed the means test, they did not pass the totality of the circumstances of the debtors' financial situation test.
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