In re Wierzbicki

FINDINGS OF FACT AND CONCLUSIONS OF LAW

JERRY A. FUNK, United States Bankruptcy Judge

This case came before the Court upon Acting United States Trustee’s (the “Trustee”) Motion to Dismiss Pursuant to 11 U.S.C. [§§ ] 707(b)(1) and 707(b)(3) and Request for Clerk to Hold Discharge Pending Hearing (Doc. 43) (the “Motion to Dismiss”). The Court conducted an evi-dentiary hearing at which the parties entered into a detailed factual stipulation, which was admitted as the Trustee’s Exhibit 5. The Trustee also introduced other exhibits at the hearing. Additionally, Debtor testified at the hearing. In…