In re Ralston
Feb
10
2009
Ruling
Debtor could claim ownership expense deduction on pickup truck owned free and clear.
Procedural posture
The United States Trustee (UST) filed a motion to dismiss pursuant to 11 U.S.C.S. § 707(b)(2), , alternatively, 11 U.S.C.S. § 707(b)(3). On Official Bankr. Form 22A, the debtors deducted mortgage payments for a home that they intended to surrender and included an ownership costs deduction for a vehicle which was owned free and clear. The UST argued that two deductions were improper. The parties filed cross-motions for summary judgment.
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Court
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