Totality of the Circumstances of the Debtor's Financial Situation in Post-Means Test World: Trying to Bridge the Wedoff/Culhane & White Divide, The

Bankruptcy Judge Eugene Wedoff and Creighton Law School professors Marianne Culhane and Michaela White engage in a spirited debate over a series of law review articles about the proper scope of motions to dismiss a debtor's petition under section 707(b) of the freshly revised Bankruptcy Code. It is an interesting and provocative dialogue, with both sides advancing their respective positions persuasively. As a result, I find myself in the unfortunate position of wanting to agree with both. Since that is impossible, however, this brief article is my attempt to find a middle ground between their two positions.

It does so in five parts: Part II explains the debate; Part III takes issue with Judge Wedoff; Part IV takes issue with professors Culhane and White; Part V offers an attempt to strike a middle ground; and Part VI concludes.