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Eighth Circuit Allows debtor to claim vehicle-ownership expense for wholly owned vehicle

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.
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