In Re Comstock

Memorandum re Necessity of Second Vehicle

ALAN JAROSLOVSKY, Bankruptcy Judge.

Chapter 7 debtor Ramona Comstock has annualized income of about $70,000, which is above the state median income. The U.S. Trustee has moved for dismissal of her case as presumptively abusive pursuant to § 707(b)(2) of the Bankruptcy Code. In the absence of special circumstances, which Comstock has not alleged, presumption of abuse is supposed to be a mechanical calculation with the court playing a minimal role. However, in this case it appears that the court must make a factual determination.

The court is somewhat…