Is the Means Test the Only Way? Marianne Culhane and Michaela White, American Bankruptcy Institute Law Review, Winter 2005, Posted with permission from the American Bankruptcy Institute

In this article Culhane and White argue that the 707(b)2) means test should be the only test of the debtor's ability to pay under the revised Code. The authors further argue that 707(b)(3) does not provide an additional (and possibly stricter) test for measuring the debtors ability to pay.