Type: Amicus
Date: March 3, 2008
Description: Whether above-median debtor may take vehicle ownership expense deduction for wholly owned vehicle.
Result: Affirmed. Debtor lost.
Ransom 9th Cir NACBA amicus
Neary v. Ross-Tousey, No. 07-2503 (7th Cir.)
Type: Amicus
Date: April 1, 2008
Description: Whether debtor is entitle to claim car ownership expense where the vehicle is not encumbered by loan.
Result: Reversed and remanded. Debtor won.
Ross-Tousey NACBA Amicus 7th Cir.
Ransom v. MBNA, No. 09-907 (USSCt.)
Type: Amicus
Date: March 3, 2008
Description: Vehicle expense deduction
Result: Judgment affirmed – debtor lost
Ransom SCtOpinion
In re Scott, No. 10-33131 (Bankr. S.D. Ill.)
Type: Amicus
Date: May 6, 2011
Description: Whether debtors who make some payments on secured vehicles can deduct the full Ownership Cost set forth in the IRS Local Standards when calculating projected disposable income.
Result: Debtor won. 2011 WL 3501835 (Bankr. S.D. Ill. Aug. 9, 2011)
Scott Bankr SD Ill opinion
Scott NACBA Amicus Bankr SD Ill
NCBRC Files Amicus in Vehicle Ownership Expense Case
NCBRC has filed an amicus brief in In re Scott, No. 10-33131 (Bankr. S.D. Ill), involving the calculation of projected disposable income for vehicle ownership expense where the debtor’s actual contractual payments were less than the deduction allowed under the IRS Local Standards. NCBRC’s brief relies on the plain language of section 707(b)(2)(A)(ii)(I) for the position that a chapter 13 plan need not calculate pdi based upon the lesser of the IRS allowed deduction or the debtor’s actual payments. This position is further supported by the statute’s legislative history and is not undermined by the decision in Ransom nor is it contrary to bankruptcy policy. NCBRC’s brief was written by Jim Haller. Click here for the brief.