In re Brunck

(Bankr. S.D. Ind. Feb. 24, 2016)

The bankruptcy court overrules the trustee’s objection to the debtors’ proposed Chapter 13 plan. For purposes of the means test, the debtors deducted as a car ownership expense payments on a non-purchase money loan secured by their car. The trustee objected, arguing that the deduction was inappropriate because it was not a purchase-money loan and thus not a car ownership expense. The trustee relied on the Supreme Court’s decision in Ransom v. FIA Card Services, N.A. The bankruptcy court rejected the trustee’s argument, holding that the expense constituted a car ownership expense for purposes of the means test.

2016-02-24 – in re brunck

Author: Matt Lindblom