Legal Opinion
In Re Burden
United States Bankruptcy Court, W.D. Missouri
Decided December 20, 2007No. 18-30634PublishedCited by 16 opinions
1Opinion of the Court
MEMORANDUM OPINION
JERRY W. VENTERS, Bankruptcy Judge.
Bankruptcy courts around the country are sharply divided over the issue before the Court in this Chapter 7 bankruptcy case. That issue is: May a debtor claim a deduction on the Bankruptcy Code’s “means test” for payments on debts secured by collateral that the debtor intends to surrender to the creditor?
The majority of courts deciding this issue has held that the language of 11 U.S.C. § Y07(b)(2) (A)(iii)(I) permits such a deduction, notwithstanding the reality that a debtor will likely have enough income to trigger the Bankruptcy Code’s…
2Cases cited27 opinions
- United States v. Nordic Village, Inc.Supreme Court of the United States · 1992
- Philbrook v. GlodgettSupreme Court of the United States · 1975
- Koons Buick Pontiac GMC, Inc. v. NighSupreme Court of the United States · 2004
- In Re HardacreUnited States Bankruptcy Court, N.D. Texas · 2006
- Bankr. L. Rep. P 75,948 in Re Kenneth L. Isaacman, Debtor. J.E. Nicholson, Jr. v. Kenneth L. IsaacmanCourt of Appeals for the Sixth Circuit · 1994
22 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- In Re AndersonUnited States Bankruptcy Court, S.D. Ohio · 2008
- In Re GobleUnited States Bankruptcy Court, S.D. Ohio · 2009
- In Re PerelmanUnited States Bankruptcy Court, E.D. New York · 2009
- In Re RalstonUnited States Bankruptcy Court, M.D. Florida · 2009
- In Re TurnerUnited States Bankruptcy Court, S.D. Indiana · 2008
11 more not listed; retrieve them via the Exa API.