Who May File a Section 707(b) Motion

Generally, any party in interest, the United States trustee, or the court sua sponte may file a motion seeking dismissal under Section 707(b). However, if the debtor’s “current family income” (i.e., the debtor’s gross monthly income) is below the median income of the debtor’s state, only the United States trustee or the court may file the motion to dismiss and that motion may not be based on means testing. [11 U.S.C. §707(b)(6)]


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