CRITICAL CASE COMMENT: In re Hargis

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee, Middle District of Tennessee

In re Hargis, 2011 WL 1651235 (Bank. Utah, May 3, 2011) (Marker)

While above-median income Chapter 13 debtors are not automatically entitled to take a $200 per month additional operating expense for an old motor vehicle, such debtors may claim an additional vehicle operating expense they actually incur for operating an older vehicle.

Case Summary

The Debtors were above-median income and filed a Chapter 13 petition that calculated their projected disposable income in accordance with Form 22C. The Debtors . . .

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