57 Pages Posted: 10 Jan 2007
Date Written: January 9, 2007
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.
Keywords: bankrutpcy, debtor-creditor
Suggested Citation: 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: https://ssrn.com/abstract=956158 or http://dx.doi.org/10.2139/ssrn.956158