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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 …