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monthly income exceeds the state's medium income for a family of equivalent size or if the debtor's monthly income less allowable expenses exceeds an amount allowed under the act for a family of equivalent size, then there is a presumption of abuse

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14y ago

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What tests can be used to dismiss a bankruptcy petition?

The tests that may be used by the Bankruptcy Court in dismissing a petition for abuse include a median income test and a means test.


What is presumed abuse under 11 usc 707 b2?

A statement of presumed abuse indicates that the bankruptcy court has determined that the bankruptcy petition has sufficient grounds to be dismissed. The statement should contain the reason why, i.e. the debtor's monthly income exceeds the amount permitted.


Can chapter 7 be dismissed for abuse if your house was refinanced for a large amount of over 100000 borrowed over original purchase amount three years before claiming bankruptcy?

Maybe, but unlikely...the basic Q is was it done in anticipation of bankruptcy.


What is in Chapter 7 of the US Courts?

Chapter 7 in the U.S. Courts is about liquidation under the bankruptcy code. The chapter includes information about unsecured debts, charging a fee for converting and determine whether a presumption of abuse arises.


Who do you mail a petition to?

It would depend what the petition was regarding... If it was to stop animal abuse, you would send it to the people responsible for the abuse.


When did the time limit for a chapter 7 bankruptcy change from 8 years to 10 years and is a bankruptcy petitioner protected by a grandfather clause if they filed before the change?

The length of time a discharged 7 or 13 bankruptcy can remain on a credit report has always been 10 years. A dismissed chapter 13 remains for 7 years a dismissed chapter 7 remains for 10 years. Therefore, no type of clause applies because the requirement has never changed. Bankruptcy laws and credit reporting laws are two entirely different issues.


When did Congress last update the bankruptcy laws?

In 2005 the U.S. Congress enacted profound changes to the Bankruptcy Reform Act of 1978. Known as the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005,


When did the bankruptcy rules change?

There are some new laws that deal with bankruptcy that were passed in 2005. The change the way that one has to go about declaring bankruptcy and how it should be solved.


Can a 17 year old girl get emancipated in kansas without her mother's permission if there is mental abuse and slight physical abuse?

No a petition can be filed on the behalf of the individual since she's a minor.


If you are on probation for domestic abuse second offense and picked up a third that never happened how do you get the case dismissed?

Take it to trial and hope for the best.


When can you refile bankruptcy after a previous bankruptcy discharge?

That depends on your situation. If you have filed but not received discharge of debt, then you may refile immediately. If you filed for chapter 7 and received discharge of debt, then you can file eight years after discharge date for chapter 7. If filed under chapter 13 and received discharge of debt, can refile after two years for same chapter 13. http://www.jacksonwhitelaw.com/what-we-do/get-help-filing-for-bankruptcy/ If the first bankruptcy, C. 7, was dismissed for cause, you have to wait 180 days before refiling. If you file a C. 7 and get a discharge, you can file a C, 13 immediately after the 7 is closed, called a "Chapter 20" by bankruptcy lawyers who know what they are talking about.


In the state of Florida can a 17-year-old legally move out of her mother's home when the mother has sole custody without permission if there is abuse in the home by the mother's boyfriend?

Legally no but I would advise you to report any abuse. In some cases you can petition the court for what is called emancipation of minor. Essentially you become an adult.