By Professor M. Jonathan Hayes, Northridge, CA
Issue: Is a chapter 13 debtor who has no auto loan entitled to deduct the IRS allowed amount for “Vehicle Ownership Costs” when computing his chapter 13 plan payment?
Justice Elena Kagan for an 8-1 court, Scalia dissenting
BAPCPA added a means test to the Bankruptcy Code in 2005 which requires prospective consumer debtors to make various computations in order to determine if the chapter 7 filing would be an abuse “of the provisions of this chapter.” The amendments also require “above-median” chapter 13 debtors to make . . .
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