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
Recommended Citation
Landry, Robert J. III
(2009)
"The Means Test: Finding a Safe Harbor, Passing the Means Test, or Rebutting the Presumption of Abuse May Not Be Enough,"
Northern Illinois University Law Review: Vol. 29:
Iss.
2, Article 3.
Suggested Citation
Robert J. Landry, III, The Means Test: Finding a Safe Harbor, Passing the Means Test, or Rebutting the Presumption of Abuse May Not Be Enough, 29 N. Ill. U. L. Rev. 245 (2009).
