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LSDefine

Simple English definitions for legal terms

presumed abuse

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A quick definition of presumed abuse:

Presumed abuse is when someone tries to use bankruptcy to avoid paying their debts, but they actually have enough money to pay them back. This is determined by comparing their income to the average income in their state. If their income is higher, they may be required to file for a different type of bankruptcy or prove that they have special circumstances that make it difficult for them to pay their debts. Special circumstances could include things like a serious illness or being called to serve in the military.

A more thorough explanation:

Presumed abuse is a term used in bankruptcy law. It means that if someone filing for Chapter 7 bankruptcy has a monthly income higher than the median income for their state and cannot pass the means test, the court will assume they are trying to abuse the bankruptcy system. This means they will not be allowed to file for Chapter 7 bankruptcy unless they can prove they are not abusing the system.

For example, if someone in California has a monthly income of $7,000 and the median income for their state is $5,000, the court may presume they are abusing the system. However, if they can prove they have special circumstances, such as a serious medical condition or being called to active duty in the Armed Forces, they may still be able to file for Chapter 7 bankruptcy.

Special circumstances are unexpected situations that are beyond the debtor's control and justify allowing them to deduct additional expenses or make additional adjustments to their current monthly income on the means test. These circumstances can help the debtor prove they are not abusing the bankruptcy system.

presiding judge | presumed maximum value (PMV)

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medicine is a scam
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
texaslawhopefully
1:22
In N Out is not only the best fast food place, but the prices too are fantastic
Dkk
1:27
Indeed, indeed.
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