Legal Opinion
In Re Rezentes
United States Bankruptcy Court, D. Hawaii
Decided April 2, 2007No. 16-00134PublishedCited by 24 opinions
1Opinion of the Court
MEMORANDUM OF DECISION ON OBJECTION TO PLAN CONFIRMATION
ROBERT J. FARIS, Bankruptcy Judge.
I. INTRODUCTION
The question is whether debtors with above-median income can calculate their chapter 13 plan payments by deducting from their income the IRS local standard housing expense even though the debtors’ actual housing expense is substantially less. I reluctantly conclude that the answer is no; such debtors can claim the IRS local standard amount or their actual housing expense, whichever is less.
II. FACTUAL BACKGROUND
Gilbert and Heidi Rezentes filed a chapter 13 petition as joint debtors on…
2Cases cited17 opinions
- BFP v. Resolution Trust CorporationSupreme Court of the United States · 1994
- Gutierrez De Martinez v. LamagnoSupreme Court of the United States · 1995
- City of Chicago v. Environmental Defense FundSupreme Court of the United States · 1994
- In Re HardacreUnited States Bankruptcy Court, N.D. Texas · 2006
- In Re SlusherUnited States Bankruptcy Court, D. Nevada · 2007
12 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Ransom v. MBNA America Bank, N.A. (In Re Ransom)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007
- In Re SwanUnited States Bankruptcy Court, N.D. California · 2007
- Neary v. Ross-Tousey (In Re Ross-Tousey)District Court, E.D. Wisconsin · 2007
- In Re BriscoeDistrict Court, District of Columbia · 2007
- In Re MeekUnited States Bankruptcy Court, D. Idaho · 2007
19 more not listed; retrieve them via the Exa API.