Posted: August 31, 2009.
The Eighth Circuit, in
In re Washburn, No. 08-2023/08-2024, (8th Cir. August 28, 2009), joined the Fifth Circuit,
In re Tate, 571 F.3d 423 (5th Cir. 2009), and Seventh Circuit,
In re Ross-Tousey, 549 F.3d 1148 (7th Cir. 2008), in finding that the plain language of §707(b)(2)(A)(ii)(I) permits “a debtor with above-median income to claim a vehicle-ownership expense for a vehicle that the debtor owns outright and without encumbrance.” The court rejected creditor’s argument that
In re Frederickson, 545 F.3d 652 (8th Cir. 2008),
cert. denied, 129 S.Ct. 1630 (2009), mandates that the court exercise its discretion rather than apply the flat expense deduction, explaining that the discretion involved in calculating “projected disposable income” was not “unfettered” and that
Frederickson did not authorize “speculation” on the part of the court in calculating future expenses.