Presumption of Abuse

[notlongnow]

If the debtor is over the median, does the US Trustee always file a presumption of abuse? What if you actually pass the Means Test with legitimate expenses that he doesn't object to?

[justbroke]

In my experience, the UST doesn't just file a Presumption of Abuse (POA) on Chapter 7 cases where the Debtor is above the median. The UST's office typically reviews all cases that are over-the-median income despite whether the presumption of abuse box is checked on the Means Test. Remember, that you can overcome the presumption by having "allowed" expenses that exceed income.

So, I would expect the UST's office to review such a case, but that doesn't mean an automatic POA being filed.

[notlongnow]

Thank you for your response, Justbroke. That is encouraging.