What is the difference?

[imoverit]

What is the difference between a creditor objection and a presumption of abuse? Do they go hand in hand?

[keepmine]

Sort of. If a creditor objects and you used the card for luxury purchases within 90 days of filing or, did a balance transfer within 70 days of filing then, they have the presumption of abuse. Meaning, the judge will side with them unless you have a very compelling reason why your conduct was not abusive.

[Help!]

Two separate things:

"Presumption of abuse" is a statement that a debtor's income in the six months prior to filing, when weighed against their expenses, is adequate to support a repayment plan. It is not an accusation that the debtor has done anything wrong, fraudulent or dishonest. It is simply the result of a series of calculations on the means test.

A creditor objection does not cause the presumption of abuse to arise. It does, however, put a burden on the debtor to prove the dischargeability of a debt (as in the example of the questionable use of credit immediately before filing as keepmine pointed out).