In re Dinardo

DECISION AND ORDER ON MOTION TO DISMISS UNDER SECTION 707(b)

Honorable Alan S. Trust, United States Bankruptcy Judge

This matter comes before the Court on the motion of William K. Harrington, the United States Trustee for Region 2 (the “UST”), seeking dismissal of this case pur-suant to 11 U.S.C. § 707(b)(1), (2), and (3) for abuse of the provisions of chapter 7 of the Bankruptcy Code.1 Debtor argues that as a preliminary matter, the UST’s statement pursuant to § 704(b)(1)2 (the “Ten-Day Statement”) was not timely filed, therefore precluding the UST from pro-ceeding on its motion to dismiss…