- 11 U.S.C.
In re Colon
Dec
29
2016
Ruling
Debtor's plan may be confirmed as inclusion of a secured debt to her disposable incomecalculation was not subject to a good faith inquiry. (Bankr. N.D. Ill.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse; Presumption of Abuse; When Presumption Applies.
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Court
:
- 11 U.S.C.
In re Currie
Sep
17
2015
Ruling
Debtor was entitled to full IRS local standard housing and utilities deduction.
Issue(s)
Was debtor entitled to the full deduction based on the IRS Local Standards for housing and utilities?
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Court
:
- 11 U.S.C.
In re Jackson
Sep
10
2015
Ruling
Motion to dismiss above-median debtors' case for abuse denied where debtors properly calculated current monthly income and expenses.
Issue(s)
Should chapter 7 case be dismissed for abuse based on alleged impropriety of debtors' means test deductions?
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Court
:
- 11 U.S.C.
In re Chabre
May
27
2015
Ruling
Dismissal on presumption of abuse denied where debtor had serious medical conditions and was caring for elderly mother and disabled family members.
Issue(s)
Were debtor's expenses for the support of disabled family members and for the treatment of her own medical conditions "special circumstances" that would prevent dismissal of her case for abuse?
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Court
:
- 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.
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Debtors improperly allowed to claim outdated IRS vehicle expense in projected disposable income calculation.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 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
: