Saturday, January 12, 2008

In re Burden, Case No. 07-50366

Debtors could not claim "means test" deductions for payments on debts secured by two pieces of property they intend to surrender. In the absence of these deductions, the Debtors have sufficient disposable income to trigger the presumption of abuse under section 707(b)(2) of the Bankruptcy Code.

Date of the decision: 12/20/07

Full opinion click here.

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