- 11 U.S.C.
In re Hays
Apr
29
2008
Ruling
Plan confirmation denied due to debtors' inclusion of expenses for adult daughter and fiance in means test calculation.
Procedural posture
A trustee objected to confirmation of the debtors' chapter 13 plan.
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Court
:
- 11 U.S.C.
In re Law
Apr
24
2008
Ruling
Confirmation denied due to improper deductions on Form 22C including expenses for unencumbered vehicle.
Procedural posture
Debtor's chapter 13 matter was before the court on the trustee's objection to confirmation of plan.
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Court
:
- 11 U.S.C.
In re King
Apr
18
2008
Ruling
Debtor could not deduct court ordered payments in spouse's own bankruptcy from current monthly income.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re Anderson
Mar
21
2008
Ruling
Debtor properly deducted both secured debt on collateral to be surrendered and authorized amound for leased vehicle in calculating projected disposable income.
Procedural posture
A creditor of chapter 13 debtors objected to the confirmation of their plan.
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Court
:
- 11 U.S.C.
In re Roberts
Feb
28
2008
Ruling
Debtor could take transportation ownership expense on vehicle owned free and clear.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re Davis
Feb
26
2008
Ruling
Debtor could claim deduction for operating expenses debtor was paying on vehicle debtor did not own.
Procedural posture
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.
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Court
:
- 11 U.S.C.
Ransom v. MBNA Am. Bank (In re Ransom)
Dec
27
2007
Ruling
Bankruptcy court properly held that above-median debtor could not claim vehicle ownership expense for vehicle owned free and clear.
Procedural posture
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.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Ransom v. MBNA America Bank (In re Ransom)
Dec
27
2007
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.
Procedural posture
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).
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Lindstrom
Dec
12
2007
Ruling
Debtor could deduct payments on vehicle repossessed prior to petition date from disposable income calculation.
Procedural posture
The United States Trustee (UST) moved to dismiss the debtor's chapter 7 case pursuant to 11 U.S.C. § 707(b) on the grounds that the filing constituted a substantial abuse of the provisions of chapter 7. The issue was whether, under 11 U.S.C. § 707(b)(2)(A)(iii)(I), the debtor could deduct, as an allowable expense, monthly payments on a car loan when the car was repossessed prior to the filing of the UST's motion to dismiss.
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Court
:
- 11 U.S.C.
In re Burmeister
Nov
16
2007
Ruling
Debtors properly included "contractually due" mortgage payments on property intended for surrender in disposable income calculation.
Procedural posture
The debtors moved for confirmation of their proposed chapter 13 plan. The standing chapter 13 trustee objected, arguing that the debtors were not devoting all of their projected disposable income to the plan because their calculation of disposable income deducted mortgage payments that they had stopped making on a home that they intend to surrender. The trustee added that the amended plan therefore was not proposed in good faith.
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Court
: