- 11 U.S.C.
In re Palm
Jun
19
2007
Ruling
Debtors could claim current monthly income deductions for payments on home and vehicle that were surrendered postpetition.
Procedural posture
On the bankruptcy petition date, chapter 7 debtors owned a residence and a vehicle, both subject to security interests. Debtors had since surrendered their residence and the vehicle. The U.S. Trustee ("UST") moved to dismiss for, inter alia, presumed abuse under 11 U.S.C. § 707(b). The issue was whether debtors could deduct monthly payments for the secured debts related to the home and vehicle when the collateral was surrendered postpetition.
ABI Membership is required to access the full summary of In re Palm Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Carlton
Jun
18
2007
Ruling
Debtors could include deductions for all three of their motor vehicles in calculation of current monthly income.
Procedural posture
After the court overruled a trustee's objections to debtors' Statement of Current Monthly Income and Calculation of Commitment Period and Disposable Income ("CMI") and approved confirmation of their chapter 13 plan, the trustee filed a Motion to Reconsider.
ABI Membership is required to access the full summary of In re Carlton Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Armstrong
Jun
12
2007
Ruling
Above median debtors could claim deduction on Form B22C for truck owned free and clear of liens.
Procedural posture
After debtors filed an Official Bankr. Form B22C in their chapter 13 case reflecting a $471 expense deduction relating to a truck that they owned free and clear of liens, the trustee objected, contending that debtors were not entitled to the full amount of the "Local Standard" in the Internal Revenue Manual ("IRM") because debtors were not making payments on the truck. At issue was whether 11 U.S.C. § 707(b)(2)(A)(ii)(I) permitted that deduction.
ABI Membership is required to access the full summary of In re Armstrong Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Hicks
Jun
01
2007
Ruling
Debtor could not claim expense for support of dependent who was not elderly, chronically ill or disabled.
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 an abuse of the provisions of chapter 7. The chapter 7 trustee ("trustee") filed a response in which the trustee made no substantive argument in support of the motion but requested that the motion be granted only upon payment of the trustee's approved fees and expenses.
ABI Membership is required to access the full summary of In re Hicks Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Chamberlain
Apr
26
2007
Ruling
Debtor entitled to standard IRS ownership expense deduction for motor vehicle owned free and clear.
Procedural posture
After debtor filed a chapter 13 plan, the trustee objected thereto on the ground that the plan did not devote all of debtor's projected disposable income to payments to unsecured creditors as required by 11 U.S.C. § 1325(b)(1)(A). At issue was the propriety of certain calculations affecting debtor's monthly vehicle expenses and the impact on that issue of the "means test" in 11 U.S.C. § 707(b)(2)(A)(ii)(I).
ABI Membership is required to access the full summary of In re Chamberlain Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Hoerlein
Apr
03
2007
Ruling
Debtors could claim expense allowance for payments on secured debt, even though no payments were to be made, where they intended to surrender the collateral.
Procedural posture
The United States Trustee ("UST") filed a motion to dismiss the debtors'bankruptcy case, pursuant to 11 U.S.C. § 707(b)(2), as an abuse of the provisions of chapter 7.
ABI Membership is required to access the full summary of In re Hoerlein Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Kogler
Mar
30
2007
Ruling
Mortgage and car loan payments were appropriate Form B22A deductions regardless of intent to surrender.
Procedural posture
Before the court was the U.S. Trustee's motion to dismiss debtors'chapter 7 case.
ABI Membership is required to access the full summary of In re Kogler Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Gaylon
Mar
22
2007
Ruling
Deduction for payments due on home mortgage allowed regardless of intent to surrender residence.
Procedural posture
The United States Trustee ("UST") filed a motion, pursuant to 11 U.S.C. § 707(b)(1), (2), to dismiss a debtor's chapter 7 bankruptcy case based on the presumption of abuse.
ABI Membership is required to access the full summary of In re Gaylon Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Sawdy
Feb
20
2007
Ruling
Above-median debtors were entitled to flat vehicle ownership deduction regardless of whether or not subject to lien or lease agreement.
Procedural posture
Chapter 13 trustee objected to debtors'chapter 13 plan on the grounds that it did not devote all of debtors'projected disposable income to the plan as required by 11 U.S.C. § 1325(a)(3) and (b)(1)(B).
ABI Membership is required to access the full summary of In re Sawdy Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Crews
Dec
22
2006
Ruling
Car payments not required for debtors to claim ownership allowance in chapter 13 plan.
Procedural posture
The chapter 13 trustee objected, pursuant to 11 U.S.C. § 1325(b)(1)(B), to confirmation of the debtors'proposed plan on the ground that it did not apply their projected disposable income to make payments to unsecured creditors.
ABI Membership is required to access the full summary of In re Crews Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: