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In re Burbank

In re Burbank

Ruling
Debtors entitled to deduct payments on vehicle owned free and clear and mortgage on property intended for surrender.
Procedural posture

The chapter 13 trustee objected to confirmation of the above-median debtors' plan, asserting that the monthly payments proposed under the plan failed to meet the requirements of the means test, and the plan did not provide that all of the debtors' projected disposable income would be applied to plan payments, based on the debtors' deduction of expenses for motor vehicles and real property they would not actually be paying.

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Consumer opinion summary, case decided on February 24, 2009 , LexisNexis #0409-085