In Re Johnson
United States Bankruptcy Court, M.D. Florida
1Opinion of the Court
ORDER AND MEMORANDUM OPINION DENYING UNITED STATES TRUSTEE’S MOTION FOR SUMMARY JUDGMENT
MICHAEL G. WILLIAMSON, Bankruptcy Judge.
The Debtor has included operating expense allowances for three cars in his means test calculations. The U.S. Trustee has objected. While the IRS Local Standards only reference allowances for up to two cars, the IRS guidelines contained in the Internal Revenue Manual would permit an allowance for a third car if the operating expense was necessary to provide for the Debtor’s (or his family’s) welfare or production of income. Accordingly, the Debtor is not precluded…
2Cases cited20 opinions
- Johnson v. Board of Regents of the University of GeorgiaCourt of Appeals for the Eleventh Circuit · 2001
- Ransom v. FIA Card Services, N. A.Supreme Court of the United States · 2011
- Hamilton v. LanningSupreme Court of the United States · 2010
- Maney v. KagenveamaCourt of Appeals for the Ninth Circuit · 2008
- Coop v. Frederickson (In Re Frederickson)Court of Appeals for the Eighth Circuit · 2008
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3Cited by5 opinions
- In Re RiversUnited States Bankruptcy Court, M.D. Florida · 2012
- In re MauraUnited States Bankruptcy Court, E.D. Michigan · 2013
- In Re SislerUnited States Bankruptcy Court, W.D. Virginia · 2012
- In re WhiteUnited States Bankruptcy Court, N.D. Mississippi · 2014
- In re PowersUnited States Bankruptcy Court, N.D. Florida · 2015