- 11 U.S.C.
In re Molina
Mar
11
2015
Ruling
Older vehicle allowance is not deductible in means test.
Issue(s)
Can debtors claim vehicle operation expenses in an amount greater than authorized by the IRS Local Standards based on an "older-vehicle allowance" provided by an Internal Revenue Manual?
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Court
:
- 11 U.S.C.
In re Wenzel
Mar
09
2015
Ruling
Presumption of abuse arose in debtor's case once gas allowance and bonus were included in current monthly income calculation.
Issue(s)
Whether debtor's current monthly income (CMI) calculation had to include $400 he received as a monthly gas allowance and/or a $3,200 bonus he received during the relevant six month period before filing his petition.
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Court
:
- 11 U.S.C.
In re Summerville
Sep
16
2014
Ruling
Case converted from chapter 13 to chapter 7 dismissed for abuse due to application of § 707(b)(2).
Issue(s)
[1]-Whether 11 U.S.C.S. § 707(b)(2) applied to cases converted from chapter 13. If so, then parties stipulated that the United States Trustee's motion to dismiss should be granted and the case should be dismissed.
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Court
:
- 11 U.S.C.
Drummond v. Luedtke (In re Luedtke)
Apr
09
2014
Ruling
Debtors improperly allowed to claim outdated IRS vehicle expense in projected disposable income calculation.
Issue(s)
Were chapter 13 debtors allowed to claim an "older vehicle expense" as part of their projected disposable income calculation?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Hartley
Mar
28
2014
Ruling
Case ordered converted or dismissed due to presumption of abuse.
Issue(s)
Should debtors' case be dismissed due to presumption of abuse arising from underreporting of gross income and excessive deductions?
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Court
:
- 11 U.S.C.
In re Mittelstaedt
Feb
28
2014
Ruling
Decrease in income when debtor quit job and spouse retired was not a "special circumstance" that would prevent dismissal for abuse.
Issue(s)
Did debtor's spouse's decision to retire and debtor's decision to leave job and move to Florida constitute "special circumstances" that would rebut the presumption of abuse and prevent dismissal of debtor's bankruptcy case?
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Court
:
- 11 U.S.C.
In re Johnson
Dec
12
2013
Ruling
Case ordered converted or dismissed due to debtor's eligibility for chapter 13 after disallowance of car payment.
Issue(s)
Should case be converted or dismissed for abuse based on totality of circumstances.
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Court
:
- 11 U.S.C.
In re Terzo
Nov
26
2013
Ruling
Case ordered converted or dismissed due to presumption of abuse.
Issue(s)
Was debtors' case subject to dismissal pursuant to presumption of abuse due to allegedly having primarily consumer debts.
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Court
:
- 11 U.S.C.
In re Kowal
Sep
27
2013
Ruling
Case ordered converted or dismissed where elimination of improper deductions raised presumption of abuse.
Issue(s)
Could automatic payroll deductions for 401(k) plan loans be deducted as payments on secured debt in chapter 13 case .
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Court
:
- 11 U.S.C.
In re Byers
Sep
24
2013
Ruling
Debtor could not take deduction for mortgage payment on property intended for surrender.
Issue(s)
Whether debtor was entitled to take the $3,340 mortgage payment deduction when completing his means test, where he intended to sell the Subject Property and not to make any payments toward that debt.
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Court
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