It is a test applied by section 707(b)(2) of the Bankruptcy Code to determine whether an individual debtor’s chapter 7 filing is presumed to be an abuse of the Bankruptcy Code requiring dismissal or conversion of the case (generally to chapter 13). This test is primarily mathematical, but involves some legal interpretations and advice. The debtor may rebut a presumption of abuse only by a showing of special circumstances that justify additional expenses or adjustments of current monthly income.
Employees of the Bankruptcy Court and Clerk’s office are prohibited from giving legal advice. You may want to consult with an attorney for greater detail.
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