If there is a presumption of abuse, the trustee must file a motion to dismiss a Chapter 7 petition or explain why such a motion would not be appropriate.

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Under U.S. bankruptcy law, if there is a presumption of abuse in a Chapter 7 case, the trustee (or the U.S. trustee) must either file a motion to dismiss the bankruptcy petition or provide an explanation as to why filing such a motion would not be appropriate, ensuring that only those truly in need of Chapter 7 relief receive it.

If There Is a Presumption of Abuse, the Trustee Must