This Note examines how the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) has affected debtors and creditors, and how the “ride-through” option has been a source of contention in determining their rights and responsibilities. Section I of this Note examines the options available to debtors prior to BAPCPA. Section II gives an overview of how BAPCPA came to be and how it has affected consumer debtors in general. Section III examines how BAPCPA has affected the “ride-through” option for Chapter 7 debtors and how courts have interpreted the Code using plain language and legislative purpose. This Note proposes that it is time for the courts to be less deferential to the text of the statute, and to reach an interpretation of its provisions that is consistent with both the text and the purpose of the Act. Such a commonsense approach is necessary to reach a consistent body of law that debtors, creditors, and courts can rely on.
Allyson MacKenna, BANKRUPTCY—MIMSY WERE THE BOROGOVES: A “RIDE THROUGH” THE LOOKING GLASS WITH THE 2005 BANKRUPTCY ABUSE PREVENTION AND CONSUMER PROTECTION ACT, 33 W. New Eng. L. Rev. 657 (2011), https://digitalcommons.law.wne.edu/lawreview/vol33/iss2/14