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· 3/14/2008

Babin v. Wilson (In Re Wilson)

Citations

  • 383 B.R. 729
  • 2008 WL 681102

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that “[t]he bankruptcy court’s reading here is inconsistent with how the IRS applies its own standards”
  • noting if debtor with unencumbered vehicle needed a new car during chapter 13 case, debtor could move to modify plan based on changed circumstances
  • \[A] vehicle ownership expense is only applicable if a debtor is in fact incurring such an expense.\
  • “it is only the payments that affect the debtor’s ability to repay his creditors” (emphasis in original)
  • “[A] vehicle ownership expense is only applicable if a debtor is in fact incurring such an expense.”
  • “[Wjhile bankruptcy courts have been divided on this issue, the appellate courts considering this question have all concluded that a vehicle ownership expense is only applicable if a debtor is in fact incurring such an expense.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Federman, McDONALD, Schermer

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.