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
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.
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.
Maybe, but unlikely...the basic Q is was it done in anticipation of bankruptcy.
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.
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.
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.
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,
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.
No a petition can be filed on the behalf of the individual since she's a minor.
Take it to trial and hope for the best.
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.
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.