In re Wilhite
Nov
17
2011
Ruling
Confirmation denied due to improper additional monthly motor vehicle expense deduction.
Procedural posture
The chapter 13 trustee objected to the plan proposed by debtors, a married couple, and sought orders denying confirmation and dismissing the case per 11 U.S.C.S. § 707. At issue was whether an additional $200 monthly deduction claimed by debtors in connection with their automobile expense was improper and meant that they were not committing all of their projected disposable income to the plan as 11 U.S.C.S. § 1325(b) required.
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Court
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