In Re Fennell

ORDER

JOHN E. WAITES, Chief Judge.

This matter comes before the Court on a motion filed by the United States Trustee (“UST”) to dismiss this case pursuant to 11 U.S.C. § 707(b)(1), based on bad faith and the totality of the circumstances under 11 U.S.C. § 707(b)(3)(A, B). 1 James Michael Fennell and Nancy Carol Fennell (“Debtors”) filed a response and argue, among other things, that the UST is barred from bringing the motion to dismiss because he did not file a statement within ten days of the meeting of creditors as required by § 704(b). A hearing regarding Debtors’ § 704(b) argument was held…