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Document Type

Article

Media Type

Text

Abstract

The scholarship addressing the changes to individual consumer chapter 7 cases under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) has largely focused on application of the mechanics of the means test and the presumption of abuse standard. The focus of this article is the application of the abuse standard in cases in which the means test is not applicable, has been passed, or has been rebutted. The author argues that most of the litigation and attention in the post-BAPCPA era will be in this area. The resulting complex statutory framework may be insufficient for debtors to obtain bankruptcy relief

First Page

245

Last Page

280

Publication Date

5-1-2009

Department

Other

ISSN

0734-1490

Language

eng

Publisher

Northern Illinois University Law Review

Included in

Law Commons

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