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
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
Date posted: January 10, 2007
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