Publication Date

Spring 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

Issue

1

First Page

223

Last Page

320

Publisher

St. John's University School of Law, West

Keywords

Bankruptcy Law, Bankruptcy, Real Property, Property--Personal and Real

Disciplines

Bankruptcy Law | Law

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