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Under 11 U.S.C. § 707, there is no presumption of abuse in Chapter 7 bankruptcy cases when the debtor's income is below the median income for their state. This means that if a debtor's income falls within a certain threshold, the court typically assumes that filing for bankruptcy is not an abuse of the system. Additionally, the absence of presumption allows for a simpler process for individuals seeking relief under Chapter 7, as they are not subjected to further scrutiny regarding their financial situation. Ultimately, this provision aims to provide a safety net for those genuinely in need of bankruptcy protection.
What else can I help you with?
When can a presumption of abuse cause a bankruptcy petition to be dismissed?
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
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.
Under common law there are conclusive presumption of incapacity for a child under what age?
Under common law, there is a conclusive presumption of incapacity for a child under the age of seven. This means that children who are younger than seven are deemed incapable of forming binding legal contracts or making certain legal decisions. This presumption is based on the understanding that children at this age lack the necessary maturity and understanding to engage in such matters.
Did Germany undergo an independence struggle?
No, it has never been under colonial rule and so the need has not arisen.
Do they have to use your spouse income for childsupport?
In California, under some circumstances, 20% is use. The argument can be made in other states under a rebuttable presumption. see links
Does the state of Indiana consider later children of the oligo when calculating child support?
Even if not specifically addressed under the law, federal law provides for such considerations under a rebuttable presumption.
Under what circumstances can child support be lowered in Mississippi?
Aside from a reduction in income, a rebuttable presumption argument can also be used. see links below
What is the statute of limitations for prosecuting offenses under the Computer Fraud and Abuse Act?
The statute of limitations for prosecuting offenses under the Computer Fraud and Abuse Act is five years.
Verbal abuse falls under what category?
Verbal abuse falls under the category of emotional or psychological abuse. It includes using words to criticize, degrade, intimidate, or manipulate another person, causing harm to their emotional well-being.
Is verbal assault or abuse a crime in Washington state?
From my brief research it appears that both verbal abuse AND mental abuse are both chargeable offenses under WA law.
Does tom Duffy's circus abuse their animals?
No, Tom Duffy's Circus does not abuse their animals. However, they have been under criticism for some of their animal practices, but abuse has never been proven.
Is domestic violence caused by substance abuse?
Most domestic violence are caused by substance abuse. Such as alcohol, and drugs. In most cases people tend to be abuse when they under the influence of these substance.
