Legal Opinion
Wieland v. Thomas
District Court, D. Kansas
Decided March 4, 2008No. 07-2493-JWL, Bankruptcy No. 06-21108-7PublishedCited by 16 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
JOHN W. LUNGSTRUM, District Judge.
This matter comes before the Court on appeal by the United States Trustee (“Trustee”) from an order of the Bankruptcy Court denying the Trustee’s motion to dismiss the underlying bankruptcy case pursuant to 11 U.S.C. § 707(b)(2). The Trustee argues that because debtors Richard and Kathy Lee Thomas (“the Thom-ases”) do not have any monthly car payments, they may not take a car ownership expense deduction for purposes of avoiding a presumption of abuse of Chapter 7 of the Bankruptcy Code under the “means test” set forth in subsection…
2Cases cited6 opinions
- Robinson v. Shell Oil Co.Supreme Court of the United States · 1997
- Barnhart v. Sigmon Coal Co.Supreme Court of the United States · 2002
- In Re M & L Business Machine Company, Inc.Court of Appeals for the Tenth Circuit · 1996
- In Re HowellUnited States Bankruptcy Court, D. Kansas · 2007
- In Re PuetzUnited States Bankruptcy Court, D. Kansas · 2007
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Babin v. Wilson (In Re Wilson)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2008
- Pearson v. Stewart (In Re Pearson)Bankruptcy Appellate Panel of the Tenth Circuit · 2008
- Clippard v. Ragle (In Re Ragle)District Court, E.D. Kentucky · 2008
- In Re MayUnited States Bankruptcy Court, S.D. Ohio · 2008
- In Re YoungUnited States Bankruptcy Court, D. Massachusetts · 2008
11 more not listed; retrieve them via the Exa API.