Legal Opinion

In Re Coffin

United States Bankruptcy Court, D. Maine

Decided November 18, 2008No. 07-20955PublishedCited by 5 opinions

1Opinion of the Court

Memorandum of Decision

JAMES B. HAINES, JR., Bankruptcy Judge.

Is a Chapter 13 above-median income debtor entitled to reduce his projected disposable income (which impacts the level of his payments under his repayment plan) by $956 a month in “ownership expenses” for two vehicles, notwithstanding the fact that he incurs no such expenses and that related provisions of the Bankruptcy Code 1 entitle him to $412 a month as “operating expenses” for his vehicles?

At first blush, the question would seem to answer itself. But, as it must be answered by resort to maladroitly-drafted legislation, the…

2Cases cited66 opinions

  1. Lamie v. United States TrusteeSupreme Court of the United States · 2004
  2. Koons Buick Pontiac GMC, Inc. v. NighSupreme Court of the United States · 2004
  3. In Re HardacreUnited States Bankruptcy Court, N.D. Texas · 2006
  4. In Re SlusherUnited States Bankruptcy Court, D. Nevada · 2007
  5. In Re Farrar-JohnsonUnited States Bankruptcy Court, N.D. Illinois · 2006

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3Cited by5 opinions

  1. In Re RansomCourt of Appeals for the Ninth Circuit · 2009
  2. In Re BurbankUnited States Bankruptcy Court, D. Rhode Island · 2009
  3. Ransom v. MBNA, America Bank, N.A.Court of Appeals for the Ninth Circuit · 2009
  4. In Re MarshallUnited States Bankruptcy Court, D. Massachusetts · 2009
  5. In Re JoestUnited States Bankruptcy Court, N.D. New York · 2011

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