§ 707(b)(2)

In re Wagner

The debtors filed for relief under chapter 7 of the Bankruptcy Code. A U.S. Trustee filed a motion to dismiss for abuse pursuant to 11 U.S.C.S. § 707(b)(2) and (3).
Ruling: 
Student loan debts were not special circumstances that would rebut presumption of abuse.
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Consumer case opionion summary, case decided on March 14,2008, LexisNexis #0408-118

In re Roberts

A bankruptcy debtor with above-median income proposed a chapter 13 plan which claimed a standard deduction from disposable income for transportation ownership expense. The trustee verbally objected to the deduction on the ground that the debtor had no vehicle loan or lease payment, and the debtor moved for a determination of the applicable transportation ownership expense.
Ruling: 
Debtor could take transportation ownership expense on vehicle owned free and clear.
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Consumer case opionion summary, case decided on February 28,2008, LexisNexis #0408-014

In re Davis

The debtor moved for confirmation of her proposed chapter 13 plan. The chapter 13 Trustee objected to confirmation, arguing that the debtor was not entitled to claim the ownership expense for a vehicle that she owned free and clear of liens and made no "ownership" payment on the vehicle. The trustee also asserted that the debtor was not entitled to claim the operating expense for two vehicles because the debtor only owned one vehicle.
Ruling: 
Debtor could claim deduction for operating expenses debtor was paying on vehicle debtor did not own.
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Consumer case opionion summary, case decided on February 26,2008, LexisNexis #0308-123

In re Beck

In two separate cases, the debtors filed for relief under chapter 7 of the United States Bankruptcy Code. The United States Trustee filed motions to dismiss the petitions pursuant to 11 U.S.C. § 707(b)(2).
Ruling: 
Debtors could deduct secured debt payments in means test despite actual or intended surrender of collateral.
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Consumer case opionion summary, case decided on January 23,2008, LexisNexis #0208-119

In re Naut

The United States Trustee filed a motion to dismiss a chapter 7 debtor's case pursuant to 11 U.S.C. § 707(b).
Ruling: 
Case ordered dismissed or converted as debtor could not deduct payments on property intended for surrender.
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Consumer case opionion summary, case decided on January 22,2008, LexisNexis #0208-120

In re Herbord

Bankruptcy debtors who were above-median income debtors calculated their disposable income by deducting vehicle operation and ownership expenses, and also "old car" operating expenses for vehicles over six years old. The bankruptcy trustee asserted that the "old car" expenses were not deductible and objected to confirmation of the debtors' plans on the ground that not all disposable income was applied to pay creditors.
Ruling: 
"Old car" expense set forth in IRS manual was not deductible from disposable income calculation.
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Consumer case opionion summary, case decided on January 14,2008, LexisNexis #0308014

Ransom v. MBNA America Bank (In re Ransom)

The U.S. Bankruptcy Court for the District of Nevada denied confirmation of a chapter 13 plan filed by appellant debtor. The denial was based upon the fact that debtor sought to take deductions for vehicle ownership expenses as part of the calculation of his projected disposable income, when in fact he had no such expenses. A motions panel of the Bankruptcy Appellate Panel granted leave for debtor's appeal under 28 U.S.C. § 158(a)(3), (b).
Ruling: 
Certification to 9th Circuit Court of Appeals on issue of whether debtor could not claim disposable income deduction for expenses on vehicles owned free and clear.
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Consumer case opionion summary, case decided on December 27,2007, LexisNexis #0308015

Ransom v. MBNA Am. Bank (In re Ransom)

A debtor filed a petition under chapter 13 of the Bankruptcy Code and a plan for repaying his creditors. A bank filed an objection to confirmation of the debtor's plan, claiming that the debtor was not devoting all his projected disposable income to fund the plan, pursuant to 11 U.S.C. § 1325(b)(1)(B). The United States Bankruptcy Court for the District of Nevada denied confirmation, and the debtor appealed.
Ruling: 
Bankruptcy court properly held that above-median debtor could not claim vehicle ownership expense for vehicle owned free and clear.
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Consumer case opionion summary, case decided on December 27,2007, LexisNexis #0208-082

In re Saffrin

The chapter 13 trustee objected to confirmation of the debtors'proposed plan arguing that they were not devoting all of their projected disposable income to the plan because their calculation of disposable income deducted payments for their daughter's college expenses. The debtors argued that the deduction was permissible because the expenses were necessary for the health and welfare of the family.
Ruling: 
College expenses could not be deducted from disposable income calculation as "other necessary expenses."
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Consumer case opionion summary, case decided on December 21,2007, LexisNexis #0208-011

In re Tate

Before the court was the U.S. Trustee's (UST's) motion to dismiss pursuant to 11 U.S.C. § 707(b)(2), as well as the chapter 7 debtor's opposition thereto.
Ruling: 
Debtors could not take deduction for vehicle owned free and clear, resulting in dismissal for abuse.
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Consumer case opionion summary, case decided on December 18,2007, LexisNexis #0208-012

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