Presumption of Debtor Abuse

Using Means Testing, presumption of abuse exists if, after deduction of expenses, including payments on secured and priority debts, over 60 months, the remaining amount is at least the lesser of $10,000 or 25% of general unsecured claims, but not less than $6,000.00.
Debtor may respond with “special circumstances” defense.
Above Median Income, Creditors can file Motion to Dismiss for Abuse. § 707(b).

Using Means Testing, presumption of abuse exists if, after deduction of expenses, including payments on secured and priority debts, over 60 months, the remaining amount is at least the lesser of $10,000 or 25% of general unsecured claims, but not less than $6,000.00.