Legal Opinion

In Re Sawdy

United States Bankruptcy Court, E.D. Wisconsin

Decided February 20, 2007No. 19-20009PublishedCited by 33 opinions

1Opinion of the Court

ORDER OVERRULING TRUSTEE’S OBJECTION TO DEBTORS’ MODIFIED CHAPTER 13 PLAN

PAMELA PEPPER, Bankruptcy Judge.

The debtors in this Chapter 13 matter are above-median income debtors who own two vehicles free and clear of liens. They contend that, while they no longer make payments on their cars, the language of 11 U.S.C. § 707(b)(2)(A)(ii)(D entitles them to deduct from their disposable income calculations the cost of ownership of the vehicles. The trustee disagrees. The Court concludes that the debtors are correct, and that in spite of the fact that they do not actually have to make a note or lease…

2Cases cited21 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Duncan v. WalkerSupreme Court of the United States · 2001
  3. Caminetti v. United StatesSupreme Court of the United States · 1917
  4. TRW Inc. v. AndrewsSupreme Court of the United States · 2001
  5. In Re HardacreUnited States Bankruptcy Court, N.D. Texas · 2006

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3Cited by33 opinions

  1. Ransom v. MBNA America Bank, N.A. (In Re Ransom)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007
  2. In Re SwanUnited States Bankruptcy Court, N.D. California · 2007
  3. In Re BriscoeDistrict Court, District of Columbia · 2007
  4. In Re ChamberlainUnited States Bankruptcy Court, D. Arizona · 2007
  5. Pearson v. Stewart (In Re Pearson)Bankruptcy Appellate Panel of the Tenth Circuit · 2008

28 more not listed; retrieve them via the Exa API.

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