In Re Cole

OPINION

THOMAS L. PERKINS, Chief Bankruptcy Judge.

Before the Court is the motion filed by Nancy J. Gargula, the United States Trustee (U.S. TRUSTEE) for Region 10, to dismiss the Chapter 7 case filed by the Debtor, Lynn L. Cole (DEBTOR), pursuant to Sections 707(b)(1) and (b)(2) of the Bankruptcy Code. The question before the Court is whether an above-median income Chapter 7 debtor, who is single with no dependents, is entitled to claim an operat ing expense and an ownership deduction for a second vehicle.

The facts are not in dispute. The DEBTOR, who is single with no dependents, filed a…