United States Bankruptcy Appellate Panel for the Ninth Circuit November 2, 2005, BAP No. CC-04-1589-KMOB. Bankruptcy No. LA 04-22852-ER (Khachikyan v. Hahn (In Re Khachikyan))

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OPINION

KLEIN, Bankruptcy Judge.

The question is whether the dismissal of a bankruptcy case pursuant to 11 U.S.C. § 707(b) as a “substantial abuse” of chapter 7 was erroneous because the United States trustee did not prove there was a nexus between alleged credit card abuse that occurred seventeen months prebank-ruptcy and the filing of bankruptcy by one who is unable to fund a chapter 13