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The Act also creates new responsibilities for those charged with administering consumer bankruptcy and those who counsel debtors to achieve bankruptcy relief.
One of the most important provisions in the BAPCPA is the amendment to Bankruptcy Code Section 707(b), which provides for "means testing." Prior to enactment of the BAPCPA, a case under chapter 7 could only be dismissed for "substantial abuse." "Means testing" is intended to prevent abuse by debtors, through the use of a much more objective standard. According to the CCH Bankruptcy Reform Act Briefing, the "means test" is designed to "force those debtors who have the ability to pay some of their debts into Chapter 13 as opposed to liquidating under Chapter 7 and wiping the slate clean...
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