· 4/2/2007
In Re Rezentes
Citations
- 368 B.R. 55
- 2007 Bankr. LEXIS 1132
- 2007 WL 988055
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- ruling that the debtors can only deduct their actual monthly housing expense of $300, even though the full housing expense deduction under the Local Standard was $2,000
- ruling that the debtors can only deduct their actual monthly housing expense of $300, even though the full housing expense deduction under the Local Standard was $2,000
- “Congress made clear that the income/expense screening mechanism of section 707(b)(2)(A) and (B) was ‘intended to ensure that debtors repay creditors the maximum they can afford.’ ” (citation omitted)
- “If Congress had intended to adopt the IRS standards but prevent the courts from looking to the IRS’s own interpretations of its standards, it seems reasonable to expect that it would have said so explicitly.”
- noting similar congressional intent regarding a related section of BAPCPA
- treating the Local Standard housing expense as a cap
Source: CourtListener parenthetical corpus (CC0).
Judges: Robert J. Faris
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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