Question
One of the most critical changes to bankruptcy law is the means test and the disqualification of specific debtors from filing Chapter 7, which BAPCPA
One of the most critical changes to bankruptcy law is the means test and the disqualification of specific debtors from filing Chapter 7, which BAPCPA instituted in 2005. The only alternative for many debtors is to file under Chapter 13 and work out a plan to pay creditor debts, which pre-BAPCPA would have been discharged in a Chapter 7 filing. Does the means test go far enough to protect creditors? Why or why not? Does means testing and substance abuse analysis defeat the purposes of the Code to provide debtors a chance at a fresh start? Why or why not?
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