Legal Opinion

Babin v. Powell (In Re Powell)

United States Bankruptcy Appellate Panel for the Eighth Circuit

Decided September 2, 2008No. BAP 08-6008, 08-6009PublishedCited by 1 opinion

1Opinion of the Court

SCHERMER, Bankruptcy Judge.

The issue raised in these appeals concerns the calculation of a debtor’s allowable expenses under Section 707(b)(2)(A)(ii)(I) of the Bankruptcy Code. The specific question addressed is whether above-median income debtors may claim transportation ownership expense deductions for vehicles owned free and clear of liens. The Chapter 13 Trustee objected to the confirmation of plans proposed by Debtors Leonard and Margaret Powell and Cho Pun Davis on the theory that the debtors were not submitting all projected disposable income to the repayment of creditors under their…

2Cases cited5 opinions

  1. Passmore v. AstrueCourt of Appeals for the Eighth Circuit · 2008
  2. United States v. BetcherCourt of Appeals for the Eighth Circuit · 2008
  3. Babin v. Wilson (In Re Wilson)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2008
  4. Nelson v. Mickelson (In Re Pfleghaar)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1997
  5. Luedtke v. Nationsbanc Mortgage Corp. (In Re Luedtke)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1997

3Cited by1 opinion

  1. In Re HuntUnited States Bankruptcy Court, S.D. Indiana · 2008

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