In re Smale

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.
Issue: 
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Consumer case opionion summary, case decided on June 09,2008, LexisNexis #0708-051