With the enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ('BAPCPA'), many creditors expected to have additional grounds to obtain dismissals of Chapter 7 petitions.
Collection: High-Income, Good Faith, and the Dismissal of Non-Consumer Bankruptcy Cases under Chapter 7
After the enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, some confusion has arisen as to whether Congress' failure to specifically incorporate the Means Test into §707(a) prohibits courts from considering a debtor's income, ability to pay, and lavish lifestyle in non-consumer bankruptcy cases under the 'bad faith' standard or otherwise.
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