The disputes over several BAPCPA issues are finally starting to reach the Courts of Appeals. NACBA continues to support debtors on the issue of whether the car ownership expense may be taken even if the debtor has no loan or lease payment on the vehicle. Unfortunately, the Eighth Circuit Bankruptcy Appellate Panel recently held that debtors were not entitled to the deduction in the case of In re Wilson. However, NACBA has filed an amicus brief in the Ninth Circuit case of Ransom v. MBNA, America Bank, N.A., (No 08-15066) and in February filed a brief in the Seventh Circuit case of Ross-Tousey v. Neary (No. 07-2503).

NACBA's Amicus Project has also been busy briefing the issue of whether the hanging paragraph is applicable to vehicle financing that includes negative equity. NACBA filed an amicus brief in the Tenth Circuit case of Hernandez-Simpson v. Citifinancial Auto, et al. (No. 07-3187).