The introduction of section 707(b) to the bankruptcy code has raised many difficult interpretational issues. This article focuses on those issues concerning the implementation of section 707(b). Under the law, only the courts and the U.S. Trustees are permitted to raise the issue of substantial abuse. Therefore, to determine how section 707(b) is actually being administered, a survey was distributed to the U.S. Bankruptcy Courts and the U.S. Trustees. The results of the survey are integrated into a discussion of the current status of the law and presented in this article. This analysis identifies serious shortcomings with the law that can only be remedied through congressional action. The article concludes with a proposal for solving the problems created by section 707(b).
Wayne R. Wells, Janell M. Kurtz, and Robert J. Calhoun,
The Implementation of Bankruptcy Code Section 707(b): The Law and the Reality,
39 Clev. St. L. Rev.
available at http://engagedscholarship.csuohio.edu/clevstlrev/vol39/iss1/4