- 11 U.S.C.
In re Smith
Jun
20
2008
Ruling
401(k) plan loans were not secured debts for which repayment was required or special circumstances.
Procedural posture
The U.S. Trustee filed a motion to dismiss debtors' chapter 7 case pursuant to 11 U.S.C.S. §§ 707(b)(1) and (b)(2), asserting that one debtor's loans from his retirement savings plan were not secured debts or a special circumstance so as to defeat the presumption of abuse that otherwise arose.
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Court
:
- 11 U.S.C.
In re Watkins
Jun
18
2008
Ruling
Debtor not entitled to standard vehicle ownership expense deduction for vehicles owned free and clear.
Procedural posture
The United States Trustee asserted that bankruptcy debtors, in calculating their monthly disposable income, improperly claimed vehicle ownership expenses for vehicles which they owned free and clear of liens, and expenses for repayment of a loan from an employee retirement plan. The Trustee moved to dismiss the debtors' case under 11 U.S.C.S. § 707(b)(2)(A) based on the presumption of abuse of chapter 7 bankruptcy.
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Court
:
- 11 U.S.C.
Hildebrand v. Kimbro (In re Kimbro)
Jun
12
2008
Ruling
Bankruptcy court properly allowed debtors to deduct vehicle ownership expense for unencumbered vehicle.
Procedural posture
Appellant trustee sought review of the judgment of the bankruptcy court, which rejected the trustee's objection under 11 U.S.C.S. § 1325 to the chapter 13 plan and allowed appellee debtors to deduct vehicle ownership expense amounts in the applicable local transportation standards, pursuant to 11 U.S.C.S. § 707(b)(2)(A)(ii)(I).
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Smale
Jun
09
2008
Ruling
Payments on property to be surrendered could be deducted in calculating monthly disposable income.
Procedural posture
The trustee moved to dismiss the debtor's chapter 7 case pursuant to 11 U.S.C.S. § 707(b)(2). The issue was whether the debtor could deduct, from his monthly disposable income, scheduled monthly payments for three of the four motor vehicles which he owned, but which he intended to surrender, or whether the presumption of abuse arose because the payments were not deductible.
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Court
:
- 11 U.S.C.
In re Zabringer
May
30
2008
Ruling
Student loan payments were not "special circumstances" that could be deducted from projected disposable income calculation.
Procedural posture
A trustee objected to confirmation of a debtor's amended chapter 13 plan on the ground that it did not provide for all of the debtor's projected disposable income, pursuant to 11 U.S.C.S. § 1325(b)(1)(B).
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Court
:
- 11 U.S.C.
In re Comstock
Apr
30
2008
Ruling
Case was not presumptively abusive where second vehicle in question was necessary for commuting as older vehicle was unreliable.
Procedural posture
The United States Trustee moved to dismiss the debtor's chapter 7 case pursuant to 11 U.S.C.S. § 707(b)(2) on the grounds that the filing was presumptively abusive. The sole remaining issue for the court to decide was whether the debtor's second automobile was necessary for the production of income or her health and welfare.
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Court
:
- 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 Parulan
Apr
22
2008
Ruling
Loss of overtime did not constitute a special circumstance that would warrant an adjustmet to debtor's disposable income.
Procedural posture
A trustee in a bankruptcy case objected to confirmation of the bankruptcy debtor's plan on the ground that the plan failed to apply all of the debtor's projected disposable income to payment of unsecured claims. The debtor asserted that special circumstances based on loss of overtime work warranted an adjustment to disposable income under 11 U.S.C.S. § 707(b)(2)(B).
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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
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