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The Means Test: Finding A Safe Harbor, Passing The Means Test, Or Rebutting The Presumption Of Abuse May Not Be Enough, 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, Robert J. Landry Iii
Northern Illinois University Law Review
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 …
Where There's A "Will," There Should Be A Way: Why In Re Salvino Unjustifiably Restricts The Application Of § 523(A)(6) To Exclude Willful And Malicious Breaches Of Contract, Michael D. Martinez
Where There's A "Will," There Should Be A Way: Why In Re Salvino Unjustifiably Restricts The Application Of § 523(A)(6) To Exclude Willful And Malicious Breaches Of Contract, Michael D. Martinez
Northern Illinois University Law Review
In accordance with the Bankruptcy Code's policy of limiting the privilege of discharge to "honest but unfortunate" debtors, the Code provides that certain types of debts shall be excepted from discharge as a matter of law. Of the twenty-one exceptions to discharge, the exception for "willful and malicious" injuries contained in section 523(a)(6) of the Code has given rise to a split of authority in the United States Circuit Courts of Appeals regarding whether tortious conduct is an essential element of a willful and malicious injury, as defined in section 523(a)(6). This note analyzes the decision in Wish Acquisition v. …