Turner v. Watson (In re Watson)
Oct
03
2007
Ruling
Debtor could deduct mortgage payments on residence intended for surrender in calculating current monthly income.
Procedural posture
A chapter 7 trustee filed a motion to dismiss a debtor's voluntary petition pursuant to 11 U.S.C. § 707(b), arguing that the debtor improperly deducted monthly amounts due to secured creditors with respect to residential property despite the fact that he intended to surrender the property. The trustee also asserted that the granting of relief would be an abuse of the provisions of chapter 7.
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Court
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