How is it decided whether a person is ineligible for chapter 7 under means testing?

The Statement of Current Monthly Income and Means Test Calculation filed by the person will initially show whether the person is able to make monthly payments to unsecured creditors in the amount required for ineligibility.  If so, the clerk of the bankruptcy court will send a notice to all creditors that a presumption of abuse has arisen in the case.  The United States trustee then has until 10 days after the meeting of creditors to file a statement as to whether a presumption of abuse exists in the case.  Then the United States trustee or any creditor can move to dismiss the case.  The bankruptcy judge will ultimately decide whether the case should be dismissed.

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