Wisconsin Statement of Exemption from Presumption of Abuse Under Sec.707(b)(2) is a legal document used in the state of Wisconsin to exempt a person from the presumption of abuse in a court of law. The document is used when a person has been charged with a crime that could be construed as one of physical abuse or neglect. It is also used to establish that the person is not in violation of the state's domestic abuse laws. The statement must be signed by the person seeking the exemption and two witnesses. It must also be accompanied by an affidavit from the person seeking the exemption, explaining why the exemption is being sought. The affidavit should include details such as the background and circumstances of the case, the person's relationship to the alleged victim, and any other mitigating factors. The Wisconsin Statement of Exemption from Presumption of Abuse Under Sec.707(b)(2) comes in two different forms: a one-page statement for those who wish to exempt themselves from the presumption of abuse, and a two-page statement for those who wish to exempt someone else from the presumption of abuse. In either case, all relevant information must be included in the document.
Wisconsin Statement of Exemption from Presumption of Abuse Under Sec.707(b)(2)
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FAQ
The means test is calculated by comparing the debtor's average income for the past six months (current monthly income), annualized, to the median income for households of the same size in the debtor's state of residence.
Under 11 U.S.C. §707(b)(3) of the BAPCPA, dismissal is warranted based upon ?abuse,? including in cases where the totality of the circumstances indicates the debtor has the ability to repay a substantial portion of his or her unsecured debt. That a chapter 7 case may be dismissed for ?abuse? under 11 U.S.C.
The presumption of abuse does not arise. Or The presumption of abuse arises. Or Insufficient information has been filed to date to permit the clerk to make any determination concerning the presumption of abuse. If more complete information, when filed, shows that the presumption has arisen, creditors will be notified.
A finding of "presumption of abuse" alerts the bankruptcy court to the fact that a debtor filing a Chapter 7 case has sufficient income to pay into a Chapter 13 repayment plan. (By definition, a Chapter 7 debtor's income is too low to repay creditors.)
Rebutting the Presumption of Abuse By failing the Chapter 7 means test a debtor is presumed to be making too much money and attempting to perpetrate a fraud upon the bankruptcy court. However, a debtor's bankruptcy attorney may be able to help the debtor ?rebut? this presumption.
The presumption of abuse is intended to prevent people who can afford to pay off some of their debts from using the Chapter 7 bankruptcy process. A presumption of abuse exists if you fail to pass either part of the Chapter 7 means test and special circumstances or exceptions don't apply to your situation.