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· 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

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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.