Term used in Chapter 7 bankruptcy, refers to the case when a debtor's current monthly income exceeds the state's family median income and the debtor cannot pass the bankruptcy test, leading the court to conclude that there is sufficient income to fund a Chapter 13 plan. If this occurs, the debtor cannot pursue Chapter 7 bankruptcy unless he or she can show that no abuse exists. … [Read more...] about PRESUMED ABUSE
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PRESUMPTION
evidence. An inference as to the existence of one fact, from the existence of some other fact, founded on a previous experience of their connexion. Or it, is an opinion, which circumstances, give rise to, relative to a matter of fact, which they are supposed to attend. 2. To constitute such a presumption, a previous experience of the connexion between the known and inferred … [Read more...] about PRESUMPTION
PRESUMPTION OF DEATH
The assumption that a person who has disappeared is presumed to be dead, such as a fire which consumes persons not seen again. … [Read more...] about PRESUMPTION OF DEATH
PRESUMPTION OF FACT
A conclusion of fact that is unproven based upon inference and logical deduction from another fact that has been proven. … [Read more...] about PRESUMPTION OF FACT
PRESUMPTION OF INNOCENCE
A criminal defendant begins a criminal trial with the presumption that he or she is innocent of the crime and the burden of proof is borne by the prosecution to overcome this presumption of innocence and prove guilt beyond a reasonable doubt. … [Read more...] about PRESUMPTION OF INNOCENCE