In Re Quigley
United States Bankruptcy Court, N.D. West Virginia
1Opinion of the Court
MEMORANDUM OPINION
PATRICK M. FLATLEY, Bankruptcy Judge.
The two issues in this case concern the appropriate expense deductions for an above the median income debtor completing Form B22C, which implements the disposable income test of 11 U.S.C. § 1325(b). The two issues are whether: (A) the debt- or may claim a secured debt expense deduction for collateral that the debtor intends to surrender, and (B) the debtor may claim a secured debt expense when the debtor is not using the secured collateral and a non-debtor party is actually making the secured debt payments.
The court will allow the expense…
2Cases cited31 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Immigration & Naturalization Service v. Cardoza-FonsecaSupreme Court of the United States · 1987
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
- Till v. SCS Credit Corp.Supreme Court of the United States · 2004
- Edmond v. United StatesSupreme Court of the United States · 1997
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3Cited by22 opinions
- Hildebrand v. Thomas (In Re Thomas)Bankruptcy Appellate Panel of the Sixth Circuit · 2008
- In Re RalstonUnited States Bankruptcy Court, M.D. Florida · 2009
- In Re RahmanUnited States Bankruptcy Court, E.D. New York · 2009
- In Re BurbankUnited States Bankruptcy Court, D. Rhode Island · 2009
- In Re CrawleyUnited States Bankruptcy Court, E.D. Virginia · 2009
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