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Full-Text Articles in Law

Eliminating The Judicial Function In Consumer Bankruptcy, Rafael I. Pardo Jan 2007

Eliminating The Judicial Function In Consumer Bankruptcy, Rafael I. Pardo

Scholarship@WashULaw

The centerpiece of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 has been the means test, a formulaic statutory directive pursuant to which courts are to presume abuse of the bankruptcy system by Chapter 7 debtors who have an ability to repay past debts with future income. This Essay provides a new insight into means testing by arguing that, more than anything else, it has brought about a significant change in the institutional design of bankruptcy courts: namely, the increased blurring of administrative and judicial functions. The Essay concludes that this development should be cause for concern as …


Judicial Assistance In Cross-Border Insolvency At Common Law, Adrian Walters Dec 2006

Judicial Assistance In Cross-Border Insolvency At Common Law, Adrian Walters

Adrian J Walters

No abstract provided.