New Cases For the Week of January 10, 2011 - January 14, 2011

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January 12, 2011

Case

Court

Holding

Ransom v. FIA Card Services, N.A.
(DBN)
Sup. Ct.

A debtor who does not make loan or lease payments may not take the car-ownership deduction on the means test.

The Bankruptcy Code provides that a debtor may claim only "applicable" expense amounts. Because the Code does not define the key word "applicable," the term carries its ordinary meaning of" appropriate, relevant, suitable, or fit."

If the word "applicable" had been omitted from the statute, all debtors would be eligible for the deduction.

     

 

 
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