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http://ssrn.com/abstract=956158
 
 

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Means Testing: The Failed Bankruptcy Revolution of 2005


David Gray Carlson


Yeshiva University - Benjamin N. Cardozo School of Law

January 9, 2007

Cardozo Legal Studies Research Paper No. 178

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.

Number of Pages in PDF File: 57

Keywords: bankrutpcy, debtor-creditor

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Date posted: January 10, 2007  

Suggested Citation

Carlson, David Gray, Means Testing: The Failed Bankruptcy Revolution of 2005 (January 9, 2007). Cardozo Legal Studies Research Paper No. 178. Available at SSRN: http://ssrn.com/abstract=956158 or http://dx.doi.org/10.2139/ssrn.956158

Contact Information

David Gray Carlson (Contact Author)
Yeshiva University - Benjamin N. Cardozo School of Law ( email )
55 Fifth Ave.
New York, NY 10003
United States
212-790-0210 (Phone)
212-790-0205 (Fax)

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