Opinions"Scheduled as contractually due" for purposes of § 707(b)(2)(A)(iii) means due under the contract between the debtor and secured creditor. The determination is to be made as of the date of the Chapter 7 petition, for purposes of the "presumption of abuse" in § 707(b)(2)(A)(i), and debtor's intent not to reaffirm is not relevant, as long as debtor is contractually obligated to make the payments on the date of the petition. For purposes of § 707(b)(3), more than the ability to pay some of the debt in a chapter 13 plan is needed to show an abuse under the "totality of the circumstances" test. In re McCormick, 2006 WL 3499226 (December 2006) -- Judge S.V. Kelley Till applies to 910 claims, and interest needs to be paid on such claims. In this case, given the very low risk of default, no additional interest was required to be added to the prime rate. In re Grunert, 353 B.R. 591 (November 2006) -- Judge S.V. Kelley Above-median debtors could take Local Standard expense deduction for vehicle ownership/lease expense, even though they owned their vehicle free and clear of liens. In re Turkowitch, 355 B.R. 120 (November 2006) -- Judge S.V. Kelley Surrender of collateral in complete satisfaction of 910-car creditor's claim is permitted by hanging paragraph of § 1325(a). In re FV Steel & Wire, 349 B.R. 181 (September 2006) -- Judge S.V. Kelley Judicial estoppel does not apply to block claim of debtor who had inadvertently neglected to schedule claim and who cured the omission as soon as she learned of it. Also, Trustee had succeeded to claim and was not judicially estopped by debtor's omission. In re Guzman, 345 B.R. 640 (July 2006) -- Judge S.V. Kelley Under BAPCPA § 1325(b)(3), reasonably necessary expenses to be deducted to determine disposable income of above-median debtors are based on Form B22C, not Schedule J. Am. Family Mut. Ins. Co. v. Addison (In re Addison), 05-2583 (unpublished) (July 2006) -- Judge S.V. Kelley Debtor borrowed vehicle without permission and damaged the vehicle. Resulting debt to insurance company was dischargeable under § 523(a)(6). In re Kirchen, 344 B.R. 908 (July 2006) -- Judge S.V. Kelley Inherited IRA is not exempt as a retirement benefit under Wis. Stat. § 815.18(3)(j). In re Estrada, No. 03-33013-svk (unpublished) (June 2006) -- Judge S.V. Kelley In a pre-BAPCPA case, after secured vehicle was totally destroyed in an accident, secured creditor's recovery of insurance proceeds was limited to the amount of the allowed secured claim (net of payments received under the plan) as determined by Debtor's confirmed chapter 13 plan. Plan provided that property did not revest in debtor at confirmation; accordingly excess proceeds had to be paid to the Trustee. In re Racette, 343 B.R. 200 (May 2006) -- Judge S.V. Kelley Debtors' request to strike petition that was filed without Section 109(h) credit briefing certificate was denied. Instead, case was dismissed, and counted as a case for purposes of Section 362(c)(3). |