§ 707(b)(2)

In re Wilson

A chapter 13 trustee filed a timely objection to confirmation of the plan proposed by debtors, a married couple who had filed a chapter 13 proceeding and who were "above- median" debtors for purposes of 11 U.S.C. § 707(b)(2)(A)(ii)(I). At issue was whether debtors were entitled to deduct certain standard vehicle ownership expenses on Official Bankr. Form B22C despite the fact that debtors owned both vehicles free and clear.
Ruling: 
Above-median debtors could dedcut ownership expsenses on Form B22C for vehicles owned free and clear.
ABI Membership is required to access the full summary of In re Wilson. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Pfahler

A debtor filed a voluntary petition under chapter 7. The United States Trustee ("UST") filed a motion to dismiss the debtor's case for abuse under 11 U.S.C. § 707(b)(2) and (b)(3). The debtor filed an objection to the trustee's motion.
Ruling: 
Case ordered dismissed or converted as payments to debtor's adult son could be used to fund chapter 13 plan.
ABI Membership is required to access the full summary of In re Pfahler. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Whitaker

The United States trustee moved to dismiss the debtor's chapter 7 petition for abuse, pursuant to 11 U.S.C. § 707(b)(2) and (b)(3), and the debtor objected. The trustee argued that the deduction for loan payments to the debtor's 26 U.S.C. § 401(k) plan were improper under the means test and, if those payments were not included as a deduction, a presumption of abuse arose under section 707(b)(2).
Ruling: 
Voluntary 401(k) plan payments are not deductible under means test.
ABI Membership is required to access the full summary of In re Whitaker. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Randle v. Neary (In re Randle)

Defendant bankruptcy trustee sought review of a decision from the bankruptcy court, which denied the trustee's motion to dismiss plaintiff debtor's petition under 11 U.S.C. § 707(b)(2).
Ruling: 
Debtor could deduct mortgage payments from current monthly income regardless of intent to surrender colllateral.
ABI Membership is required to access the full summary of Randle v. Neary (In re Randle). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Benedetti

Chapter 7 debtor was a single woman who listed two leased vehicles on the date of her petition but subsequently surrendered one of the vehicles. The United States Trustee moved to dismiss the chapter 7 case as presumptively abusive pursuant to 11 U.S.C. § 707(b)(2).
Ruling: 
Debtor allowed to deduct payments on property intended for surrender in means test calculation.
ABI Membership is required to access the full summary of In re Benedetti. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Edmondson

The debtors moved for confirmation of their chapter 13 plan. Creditor filed an objection.
Ruling: 
Mortgage payment on rental property which debtor planned to surrender could not be included in calculation of projected disposable income.
ABI Membership is required to access the full summary of In re Edmondson. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Barrett

The trustee in bankruptcy objected to the confirmation of the proposed plan of a single, above-median income, chapter 13 debtor, who claimed an ownership expense for two motor vehicles on form B22C, arguing the debtor had not applied all of her "projected disposable income" to make payments to unsecured creditors under her plan as required by 11 U.S.C. § 1325(b).
Ruling: 
Above-median debtor could claim ownership expense for motorcycle owned free and clear.
ABI Membership is required to access the full summary of In re Barrett. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Barrett

Chapter 13 creditor objected to confirmation of the debtor's plan under 11 U.S.C. § 1325(b)(2) on the grounds that the plan did not apply all of the debtor's projected disposable income to payments to unsecured creditors.
Ruling: 
Debtor could claim housing and vehicle deduction in excess of actual expenditures.
ABI Membership is required to access the full summary of In re Barrett. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Kelvie

The United States Trustee filed a motion to dismiss chapter 7 debtors'case under 11 U.S.C. § 707(b).
Ruling: 
Debtor could claim deductions for secured debt payments on house and motor home despite intent to surrender.
ABI Membership is required to access the full summary of In re Kelvie. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Littman

The U.S. Trustee filed a motion under 11 U.S.C. § 707(b)(1) contending the granting of chapter 7 relief to debtor would be an abuse and that, unless the case was converted voluntarily to chapter 13, it should be dismissed.
Ruling: 
Child support payments were not an allowable expense on Form B22A but did serve to rebut the presumption of abuse.
ABI Membership is required to access the full summary of In re Littman. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Pages

Subscribe to § 707(b)(2)