Legal Opinion
In re Willingham
United States Bankruptcy Court, E.D. California
Decided October 24, 2014No. 14-11447-B-7PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM DECISION REGARDING UNITED STATES TRUSTEE’S MOTION TO DISMISS
W. RICHARD LEE, Bankruptcy Judge.
The Ninth Circuit Bankruptcy Appellate Panel (“BAP”) recently decided that the $200 “older-vehicle operating expense” deduction is not available to chapter 13 debtors for the purpose of determining the amount of disposable income which must be paid through a chapter 13 plan to unsecured creditors pursuant to 11 U.S.C. § 1325(b)(2).1 In re Luedtke, 508 B.R. 408 (9th Cir. BAP 2014). In this contested matter, the court must decide whether chapter 7 debtors may still claim the older-vehicle…
2Cases cited5 opinions
- Hamilton v. LanningSupreme Court of the United States · 2010
- In Re Thomas W. Price, Debtor, Thomas W. Price v. United States TrusteeCourt of Appeals for the Ninth Circuit · 2004
- In Re ParetUnited States Bankruptcy Court, D. Delaware · 2006
- American Express Bank, FSB v. Smith (In Re Smith)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2009
- In re: Michael J. Luedtke and Katherine L. LuedtkeUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2014
3Cited by1 opinion
- In re: Desiree H. DruryUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2016