Supreme Court hearing arguments today about means test auto ownership deduction

[debee]

The $200 additional expense is only available to those debtors located outside of the Fifth, Seventh, and Eighth Circuits who operate vehicles not subject to a loan or lease may deduct an additional $200 if the vehicle is owned by the debtor, and is older than six (6) model years or has more than 75,000 miles. (Copied from the USTP Position on Legal Issues Arising Under The Chapter 7 Means Test which is a pdf at www.justice.gov/ust/eo/bapcpa/ if anyone's interested in some sexy saturday night reading)

[Fallonedward]

Debee, I'm in the 6th circuit, I hope that means I can take the deduction

The $200 additional expense is only available to those debtors located outside of the Fifth, Seventh, and Eighth Circuits who operate vehicles not subject to a loan or lease may deduct an additional $200 if the vehicle is owned by the debtor, and is older than six (6) model years or has more than 75,000 miles. (Copied from the USTP Position on Legal Issues Arising Under The Chapter 7 Means Test which is a pdf at www.justice.gov/ust/eo/bapcpa/ if anyone's interested in some sexy saturday night reading)

[wipetheslate]

Thanks, debee. That's exactly what I needed. I knew the amount, mileage and age but didn't know exactly what districts allowed it. I'm in the 9th so I'm gold. I'd still pass the means test without it, though.

[debee]

The line-by-line pdf at the UST site was very helpful to me. I caught a couple of my mistakes by going over it. Nothing major, but better me than the trustee. I don't want to give 'it' a reason to look at me twice. I also don't want any surprises or an escort to ch13. *crossing fingers & reading*

[debee]

Thanks to you, Wipe. I didn't know the deduction existed until you mentioned it in a previous post. And we can use it!

[janie]

No wonder I have been struggling with this part of the test! Guess I will talk to my attorney about this one.
I can't claim ownership but claim the transportation only.
I am in the wrong district to claim the extra $200. I own one car, 2002, with over 124,000 miles.

[justbroke]

All it takes is someone to challenge it all the way up to the appellate level.

[MSbklawyer]

All it takes is someone to challenge it all the way up to the appellate level.

True. And that's why bankruptcy law is always so fractured from circuit to circuit and even between judicial districts in the same state, because debtors don't normally have the money to pay for even a first-level appeal. Let alone appealing all the way to the U.S. Supreme Court.

[justbroke]

I was just thinking about the cost too MSbklawyer. Spend $40K fighting, on appeal, the ability to use a $200 expense. This is probably why it hasn't gone that far. The only one who would fight that hard are creditors and the U.S. Trustee.

[daylate]

Not to be a downer, but keep in mind that even though the Supremes heard the arguments yesterday, their decision won't come out for months-probably no earlier than sometime late next spring.

[tobee43]

I was just thinking about the cost too MSbklawyer. Spend $40K fighting, on appeal, the ability to use a $200 expense. This is probably why it hasn't gone that far. The only one who would fight that hard are creditors and the U.S. Trustee.

well if the new guidelines only apply to certain circuits....could be a civil liberties take on.....after all, why should one circuit be applicable while another is not...all be created as equally as we all are...LOL!! they should have the 40k to fight the issue all the way up and around the courts highway to justice!