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In re Hayes

Bankruptcy debtors'schedules indicated secured mortgage debt and the debtors included mortgage payments in their current monthly expenses, but the U.S. Trustee asserted that the mortgage payments were not expenses because the debtors intended to surrender the mortgaged property. The trustee moved to dismiss the debtors'case based on a presumption of bankruptcy abuse under 11 U.S.C. § 707(b)(2).
Mortgage payments scheduled within 60 months postpetition could be claimed as expenses regardless of intent to surrender.
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Consumer case opionion summary, case decided on September 26,2007, LexisNexis #1007-120