Abuse Under Chapter 7 of the Bankruptcy Code: A Rational Approach to Weighing Ability to Pay

This article discusses the enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) and the creation of the statutory means test to address the perceived abuses in consumer bankruptcy. It summarizes the highly litigated issues surrounding the weight and role of ability to pay under § 707(b)(3). Finally, the article concludes that courts should adopt the Ninth Circuit BAP approach to advance the plain language of the Code and purpose of BAPCPA.