In Re Fletcher

RULING ON UNITED STATES TRUSTEE’S MOTION TO DISMISS DEBTOR’S BANKRUPTCY CASE FOR SUBSTANTIAL ABUSE OF CHAPTER 7 PROVISIONS

ROBERT L. KRECHEVSKY, Bankruptcy Judge. 1

I

ISSUE

The matter before the court is the contested motion of Carolyn S. Schwartz, United States Trustee for Region 2 (“the UST”) for dismissal of the Chapter 7 bankruptcy case of Donna L. Fletcher (“the debtor”), pursuant to Bankruptcy Code § 707(b), for “substantial abuse” of Chapter 7 provisions. The pivotal issue is whether the debtor’s activity as a professional off-road bicycle racer qualifies as a business or as a hobby. The…