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April 23, 2007

Means Test and Presumption of Abuse

Filed under: Means Testing — admin @ 6:48 am

Section 707(b)(2) of the Bankruptcy Code states that there is a presumption of abuse, if after applying the means test:
1) The debtor’s current monthly income over 60 months, after deducting certain allowed expenses, is at least $10,000.00, or
2) The debtor’s current monthly income over 60 months, after deducting certain allowed expenses, is less than $10,000.00, but more than $6,000.00 and equals at least 25% of the debtor’s non-priority, unsecured debts.
As you can see, the test requires some serious calculations. Thankfully, bankruptcy petition preparation software such as BestCase Solutions can do the math for you.

See Also: Bankruptcy Lawyers New York

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