The United States Trustee filed a motion to dismiss pursuant to 11 U.S.C. § 707(b)(3).  The court addressed whether Social Security income should be taken into account in the § 707(b)(3) “totality of the circumstances” test.  The court concluded that the debtors’ “financial situation” provided them the ability to make a meaningful settlement with their unsecured creditors without sacrificing their standard of living or exhausting the male debtor’s Social Security benefit to do so.  It further concluded that not to require that of them in order to obtain a discharge of their remaining legal liability to their creditors, when their financial predicament is the predictable result of their continued excessive consumer spending and borrowing rather than one precipitated by some unforeseen external event or calamity, would constitute an abuse of the provisions of chapter 7.