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cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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what is an abuse under 707b2

Resolved Question:

what is an abuse under 707b2
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 5 years ago.
Hi JACustomer,
"Abuse" is presumed - per 707(b)(2) - when a Bankruptcy debtor's income is too high, which happens most often when the debtor does not pass the Means Test.

I think this is what you wanted to know. If not, please let me know.
Thank you.
cfortunato and other Bankruptcy Law Specialists are ready to help you
Customer: replied 5 years ago.
What do I do now?
Customer: replied 5 years ago.
do i need to contact my lawyer?
Expert:  cfortunato replied 5 years ago.
Expert:  cfortunato replied 5 years ago.
Did you "fail" the Means Test?
Customer: replied 5 years ago.

I retained a Lawyer and filed for chapter 7. I recieved a letter in the mail with a notice from "clerks notice of u.s. trustee dept." saying "Notice is hereby given that the United States trustee has reviewed all materials filed by the debtor and has determined the debtors case is presumed to be an abuse under 707(b)(2)"

Is that what this means?

Expert:  cfortunato replied 5 years ago.
In most cases, the reason for the presumption of abuse is a failure to pass the Means Test. In any event, your attorney should have also received the notice, but you should contact him soon if he does not contact you.

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