United States Trustee filed a motion to dismiss. The Trustee argued that a presumption of abuse arises under 11 U.S.C. 707(b)(2) and alternatively that dismissal was warranted under 11 U.S.C. 707(b)(3). The debtors’ disposable income was above that which is allowed under the code. The debtors had an opportunity to rebut this presumption. They failed to do so satisfactorily. Accordingly, the Court granted the Trustee’s motion to dismiss, however a period of time was set aside in which the Court would allow the debtors to convert to chapter 7.