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Westlaw tips for associates
September/October 2009
Bankruptcy law means-testing: Playing by the new rules
Q: How can I retrieve case law and practice materials related to the means test (11 U.S.C.A. § 707 (b)(2)) enacted by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005?
A: The easiest way to retrieve cases related to the means test is to search the newly released Federal Bankruptcy–Cases–Means Test database (FBKR-CS-MT). That's because
- all cases in your result will deal with issues pertinent to the means test; and
- the search template provides user-friendly check boxes and drop-down lists to restrict your search to specific subtopics, jurisdictions, and date ranges.
For example, to retrieve means test–related cases from the Eighth Circuit that involve issues related to vehicle ownership or housing expenses, access FBKR-CS-MT, choose Eighth Circuit from the Circuit drop-down list and select the Vehicle Ownership or Housing Expenses (Non-Secured) check box. Then click Search Westlaw. Coverage begins with November 2005.
To retrieve forms related to the means test, access the just-released Bankruptcy Forms Guide database (BKR-BFG), a compilation of more than 800 forms from the Bankruptcy Desk Guide. Then run a Terms and Connectors or Natural Language search. You can also use the Table of Contents service to browse the contents and retrieve relevant forms by clicking form names. BKR-BFG is current through the September 2009 revision.
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