Publication Date
2007
Journal
American Bankruptcy Institute Law Review
Abstract
The monumental bankruptcy amendments of 2005 made means testing the very center of the attempt to restore discipline to consumer spending. Yet, one year of practical experiences shows that either the means test either promotes bankruptcy abuse, or it is meanginless, depending on whether courts think the mechanical means test pre-empts pre-2005 law, or whether it merely supplements it. This article explores the means test in details, shows why it is a flop, and what the courts have made of it so far.
Volume
15
First Page
223
Publisher
St. John's University School of Law, West
Keywords
bankrutpcy, debtor-creditor
Disciplines
Law
Recommended Citation
David G. Carlson,
Means Testing: The Failed Bankruptcy Revolution of 2005,
15
Am. Bankr. Inst. L. Rev.
223
(2007).
https://larc.cardozo.yu.edu/faculty-articles/242
