OpinionsChapter 13 debtors are entitled to deduct the IRS Local Standard expense for vehicle ownership from their Form B22C even if they own their vehicles outright and do not actually make note or lease payments each month. In Re Scofield, 07-22127 (January 2007) -- Judge P. Pepper Debtors who convert from a case under Chapter 13 to a case under Chapter 7 are required to file a Form B22A upon conversion. In Re Kowalewski 06-20774 (October 2006) -- Judge P. Pepper In In re Balcerowski, the Court held that a debtor must subtract his actual tax expense from his Schedule I income to determine projected disposable income for Chapter 13 purposes. In this matter, the Court declines to dictate to the parties the method they should use to determine the actual tax expense. Debtors must make a good-faith effort, under the circumstances of their particular cases, to determine what their actual tax expenses will be. In Re Balcerowski, 06-21695 (October 2006) -- Judge P. Pepper The appropriate expense for the purpose of determining disposable income under section 1325(b)(1)(B) of BAPCPA is for the debtor to estimate, and subtract from his income, the actual tax he will incur, not the amount he has withheld from his wages. The debtor should calculate this actual tax based on his income at the time he filed his petition, and not solely upon his historical, "current monthly income" income figure. In Re Richie, 06-20188 (October 2006) -- Judge P. Pepper A debtor who, at the time of the hearing on the trustee's motion to dismiss, lacks the ability to pay her creditors because she has not engaged in a broad employment search, does not wish to work outside her chosen field, does not wish to work within her chosen field outside of southeastern Wisconsin, and takes this position at the expense of her creditors, "abuses" the provisions of Chapter 7 as that term is used in the new version of section 707(b) promulgated by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. In Re Fuller, 06-30313. (Bankr. S.D. Il June 16, 2006) (September 2006) -- Judge P. Pepper In order to determine whether a Chapter 13 debtor is committing all of her "projected disposable income" to a plan under section 1325(b)(1)(B) of BAPCPA, parties must not limit their consideration to Form B22C ("Statement of Current Monthly Income and Calculation of Commitment Period and Disposable Income"), but must also consider the income at the time of filing as reflected on Schedule I. In Re Maxwell, 06-21226 (September 2006) -- Judge P. Pepper Under the facts and circumstances of these particular cases, one month after the date the debtors filed their petitions was too soon to conclude that the $2,500 presumptively reasonable fee charged by debtors' counsel was unreasonable. This is partly because one of the factors this Court considers in determining the reasonableness of the presumptively reasonable fee is the range of services counsel provides in exchange for the presumptively reasonable fee, and a month into the matter is too soon to determine whether counsel is providing a comprehensive range of services in exchange for the fee. In Re Baldewicz, 06-21117 (September 2006) -- Judge P. Pepper Under the facts and circumstances of these particular cases, one month after the date the debtors filed their petitions was too soon to conclude that the $2,500 presumptively reasonable fee charged by debtors' counsel was unreasonable. This is partly because one of the factors this Court considers in determining the reasonableness of the presumptively reasonable fee is the range of services counsel provides in exchange for the presumptively reasonable fee, and a month into the matter is too soon to determine whether counsel is providing a comprehensive range of services in exchange for the fee. In Re Spears, 06-21015 (June 2006) -- Judge P. Pepper Section 109(h) of BAPCPA does not require a debtor to wait a day between the day she obtains her credit briefing and the day she files her petition for relief. A debtor who obtains the credit briefing at any time during the 180 days prior to the moment she files her petition has complied with section 109(h). In Re Pham, 06-20779 (May 2006) -- Judge P. Pepper Discussion of the circumstances under which courts will require reaffirmation hearings under BAPCPA. |