In re Weiderhold, (Bkrtcy.M.D.Pa.)

Case Administration - Chapter 7 debtors were entitled to vehicle ownership expense deduction for vehicles that they owned outright.

Under the "means" test, as applied to determine whether the debtors' Chapter 7 case should be dismissed as presumptively abusive, debtors were entitled to deduct the standard vehicle ownership expenses for which they qualified based on the number of vehicles which they owned and the locality in which they resided, as being the "applicable" vehicle ownership expense deduction to which they were entitled, even though they owned their vehicles outright and thus had no "actual" vehicle ownership expenses. The term "applicable," as used by Congress in formulating the "means" test, had to be contrasted with "actual," as used elsewhere by Congress in allowing a debtor to deduct only his/her "actual monthly expenses" for Other Necessary Expenses, and referred to what was appropriate, as opposed to what was actual or real.