Rebecca, whose debts are primarily consumer debts, files for Chapter 7 bankruptcy. Discuss the grounds for which the court might dismiss her case
A court may dismiss a Chapter 7 case for cause after notice and a hearing. The court might dismiss Rebecca's case, or with her consent convert it to one under Chapter 11 or 13, if the court finds that granting relief would be an abuse of the provisions of Chapter 7 . A court can find abuse: (a) on general grounds based on whether she filed in bad faith or the totality of the circumstances of her financial situation demonstrates abuse, or (b) an unrebutted presumption of abuse based on a new means test established by the 2005 Act. Under the means test, abuse is presumed for an individual debtor whose net current monthly income is greater than the state median income and who has a certain statutory minimum available net income.
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