Means Testing: The Failed Bankruptcy Revolution of 2005

57 Pages Posted: 10 Jan 2007  

David Gray Carlson

Yeshiva University - Benjamin N. Cardozo School of Law

Date Written: January 9, 2007

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.

Keywords: bankrutpcy, debtor-creditor

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

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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