Under the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) if a debtor has less income than the state median, then it is presumed that the filing of bankruptcy is an abuse of the provisions of Chapter7.

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Under the BAPCPA, if a debtor has less income than the state median, they may still be eligible to file for Chapter 7 bankruptcy, but they will have to pass a means test to determine if their filing is abusive. It is not automatically presumed to be abusive. Under the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA), there is no presumption of abuse based on the debtor's income level. However, the debtor must still pass the means test to qualify for Chapter 7 bankruptcy.