Critical Case Comment

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

In re Moore, 482 B.R. 248 (Bankr. C.D. Ill. Nov. 1, 2012) (Gorman)

Where a debtor’s payments on an automobile are virtually certain to end, the “ownership allowance” permitted by the IRS Local Transportation Standards terminates and the debtor’s projected disposable income must “step up” after such secured claim is satisfied.

Case Summary

The debtors had over median income and were thus subject to a 60-month applicable commitment period. They proposed a chapter 13 plan which would . . .

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