- 11 U.S.C.
In re Willems
Feb
03
2011
Ruling
U.S. Supreme Court decision in Ransom, applied retroactively to bar vehicle ownership deduction on vehicles owned free and clear in unconfirmed plans filed prior to the decision.
Procedural posture
A Chapter 13 trustee objected to confirmation of the debtors' plan on the grounds that an ownership deduction on a vehicle without a lien was impermissible under 11 U.S.C.S. § 707(b)(2)(A)(ii)(I). The sole issue for decision was whether a recent U.S. Supreme Court decision, Ransom, applied retroactively to unconfirmed plans filed prior to the decision.
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Court
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