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CalAttorney2
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Category: Legal
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Experience:  Civil litigation attorney for individuals and businesses.
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We recently had a chapter 7 court hearing. we just received

Customer Question

we recently had a chapter 7 court hearing.
we just received a letter stating that the trustee determined it was abuse under section 707b.
what does that mean and what are our options?
Submitted: 2 years ago.
Category: Legal
Expert:  CalAttorney2 replied 2 years ago.
You need to hire an attorney right away.While the Trustee's "determination" is not binding on the court, it is important to take this seriously, and you will want counsel to represent you in this hearing. The faster you get a bankruptcy attorney to represent you the more time they will have to prepare your defense to this motion.An "abusive" filing under 707(b) is one in which your income exceeds the current "means test" - usually it means you should be in a Chapt. 13 instead of a Chapt. 7.But I wouldn't just go and switch chapters - get an attorney and get some help.You can find local attorneys using the State and local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).