Babin v. Wilson (In Re Wilson)
United States Bankruptcy Appellate Panel for the Eighth Circuit
1Opinion of the Court
FEDERMAN, Bankruptcy Judge.
This appeal concerns the calculation of a debtor’s allowable expenses under § 707(b) of the Bankruptcy Code. The bankruptcy court held that a debtor can claim a vehicle ownership expense deduction even though the debtor owns the car outright. For the reasons that follow, we reverse.
Debtors Gregory and Lori Wilson filed a Chapter 13 case on September 29, 2006, which is subject to the provisions of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA). Section 1325(b) of the Bankruptcy Code requires debtors in Chapter 13 to either pay into their…
2Cases cited12 opinions
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
- Forbes v. Forbes (In Re Forbes)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1997
- Ransom v. MBNA America Bank, N.A. (In Re Ransom)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007
- In Re HartwickUnited States Bankruptcy Court, D. Minnesota · 2006
- In Re CarlinUnited States Bankruptcy Court, D. Oregon · 2006
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3Cited by49 opinions
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- Hildebrand v. Petro (In Re Petro)Bankruptcy Appellate Panel of the Sixth Circuit · 2008
- In Re RansomCourt of Appeals for the Ninth Circuit · 2009
- Pearson v. Stewart (In Re Pearson)Bankruptcy Appellate Panel of the Tenth Circuit · 2008
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