McDow v. Harvey (In re Harvey)
Jul
20
2009
Ruling
Debtor properly deducted payments secured by property intended for surrender from projected disposable income calculation.
Procedural posture
The chapter 7 debtor moved for summary judgment on a motion by the Trustee's to dismiss the debtor's case for abuse pursuant to 11 U.S.C.S. § 707(b)(1). At issue was whether the debtor properly deducted from his projected disposable income the amount of $ 1,526.77 for his monthly payments on the secured debt as an obligation contractually due, despite the debtor's intent to surrender the secured property.
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Court
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