§ 707(b)(2)

In re Zabringer

A trustee objected to confirmation of a debtor's amended chapter 13 plan on the ground that it did not provide for all of the debtor's projected disposable income, pursuant to 11 U.S.C.S. § 1325(b)(1)(B).
Ruling: 
Student loan payments were not "special circumstances" that could be deducted from projected disposable income calculation.
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Consumer case opionion summary, case decided on May 30,2008, LexisNexis #0708-086

In re Comstock

The United States Trustee moved to dismiss the debtor's chapter 7 case pursuant to 11 U.S.C.S. § 707(b)(2) on the grounds that the filing was presumptively abusive. The sole remaining issue for the court to decide was whether the debtor's second automobile was necessary for the production of income or her health and welfare.
Ruling: 
Case was not presumptively abusive where second vehicle in question was necessary for commuting as older vehicle was unreliable.
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Consumer case opionion summary, case decided on April 30,2008, LexisNexis #0608-084

In re Hays

A trustee objected to confirmation of the debtors' chapter 13 plan.
Ruling: 
Plan confirmation denied due to debtors' inclusion of expenses for adult daughter and fiance in means test calculation.
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Consumer case opionion summary, case decided on April 29,2008, LexisNexis #0608-016

In re Law

Debtor's chapter 13 matter was before the court on the trustee's objection to confirmation of plan.
Ruling: 
Confirmation denied due to improper deductions on Form 22C including expenses for unencumbered vehicle.
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Consumer case opionion summary, case decided on April 24,2008, LexisNexis #0508-085

In re Parulan

A trustee in a bankruptcy case objected to confirmation of the bankruptcy debtor's plan on the ground that the plan failed to apply all of the debtor's projected disposable income to payment of unsecured claims. The debtor asserted that special circumstances based on loss of overtime work warranted an adjustment to disposable income under 11 U.S.C.S. § 707(b)(2)(B).
Ruling: 
Loss of overtime did not constitute a special circumstance that would warrant an adjustmet to debtor's disposable income.
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Consumer case opionion summary, case decided on April 22,2008, LexisNexis #0608-086

In re King

A debtor filed for relief under chapter 7 of the United States Bankruptcy Code. The U.S. trustee filed a motion to dismiss the chapter 7 case as abuse.
Ruling: 
Debtor could not deduct court ordered payments in spouse's own bankruptcy from current monthly income.
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Consumer case opionion summary, case decided on April 18,2008, LexisNexis #0608-085

In re Leary

In determining their current monthly income, bankruptcy debtors claimed deductions from income for secured real property interests which they intended to surrender and a transportation ownership expense for a vehicle which the debtors owned free of any debt. In order to determine whether a presumption of bankruptcy abuse applied, the bankruptcy court considered the validity of the debtors' claimed deductions under 11 U.S.C.S. § 707(b)(2).
Ruling: 
Ownership expense deduction for vehicle owned free and clear was proper but deduction for expenses of real property intended for surrender was not.
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Consumer case opionion summary, case decided on April 17,2008, LexisNexis #0508-084

In re Crego

Debtors, a husband and wife, filed a joint petition under chapter 7 of the Bankruptcy Code but converted their case to one under chapter 13 after the United States Trustee moved to dismiss their case as an abuse of the provisions of chapter 7. A chapter 13 trustee was appointed to represent the bankruptcy estate, and he filed an objection to the debtors' chapter 13 plan.
Ruling: 
Debtors could claim expenses of maintaining separate households as "special circumstances."
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Consumer case opionion summary, case decided on April 02,2008, LexisNexis #0408-119

In re Anderson

A creditor of chapter 13 debtors objected to the confirmation of their plan.
Ruling: 
Debtor properly deducted both secured debt on collateral to be surrendered and authorized amound for leased vehicle in calculating projected disposable income.
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Consumer case opionion summary, case decided on March 21,2008, LexisNexis #0408-051

Babin v. Wilson (In re Wilson)

Appellant chapter 13 Trustee challenged a decision of the United States Bankruptcy Court for the Western District of Arkansas which held that, in determining allowable expenses under 11 U.S.C.S. § 707(b), appellee debtors could claim a vehicle ownership expense deduction even though they owned the car outright.
Ruling: 
Bankruptcy court erred in allowing full vehicle ownership expense deduction where debtors owned vehicle free and clear.
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Consumer case opionion summary, case decided on March 14,2008, LexisNexis #0408-013

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