Critical Case Comment: In re Davis

In re Davis, 2011 WL 5884015 (Bankr. N.D. Tex., November 23, 2011) (Lynn)

To determine whether a “special circumstance” exists to permit extra deductions in calculating a debtor’s projected disposable income, a court must examine: what the IRS would have considered a normal expense; must look at a debtor’s circumstances to see if they differ from a typical person; and must consider whether there is a reasonable alternative to incurring the expense.

Case Summary

The Davises were above-median income debtors who calculated their disposable income deducting from Current Monthly Income a number . . .

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