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Tabb & McClelland on the Means Test

posted by Bob Lawless

A few weeks back, I made a few posts about the bankruptcy conference at Southern Illinois University, including a post about the presentation by my colleague, Charles Tabb. The paper on which that presentation was based in now available on the Social Science Research Network (SSRN) at http://ssrn.com/abstract=964460 and will eventually appear in the Southern Illinois University Law Journal. The paper is entitled "Living with the Means Test" and is co-authored with University of Illinois law student Jill McClelland. Tabb and McClelland do a great job of pulling together the materials on the means test, including an analysis of precedents since the 2005 bankruptcy law. As I explained in my previous post, I disagree with some of Tabb and McClelland's solutions to some of the most tricky statutory issues created by the 2005 law. Still, if I were having to deal with the means test on a daily basis, it's a paper I would want as a reference.

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  • As a public service, the University of Illinois College of Law operates Bankr-L, an e-mail list on which bankruptcy professionals can exchange information. Bankr-L is administered by one of the Credit Slips bloggers, Professor Robert M. Lawless of the University of Illinois. Although Bankr-L is a free service, membership is limited only to persons with a professional connection to the bankruptcy field (e.g., lawyer, accountant, academic, judge). To request a subscription on Bankr-L, click on this link and then click on the link for "Join or leave the list." After completing the information there, please also send an e-mail to Professor Lawless (rlawless-at-law-dot-uiuc-dot-edu) with a short description of your professional connection to bankruptcy. A link to a URL with a professional bio or other identifying information would be great.

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