Owsley 2008 WL 868044 (Bankr.N.D.Tex.)

Plans - Recreational vehicle had to be necessary to support for payments thereon to be deductible by high-income Chapter 13 debtors.

The "secured debt" portion of the "means test" formula for calculating the reasonable, necessary expenses of above-median-income Chapter 13 debtors consists of two apparently independent subclauses, one of which allows debtors to deduct "amounts scheduled as contractually due" to secured creditors with no apparent requirement that the property on which such payments are due must be necessary to the support of the debtor or the debtor's dependents 11 U.S.C.A. 707(b)((2)(A)(iii)(I), and only the second of which, that authorizing a deduction for any "additional payments" on secured debts on which the debtor defaulted prepetition 707(b)((2)(A)(iii)(II), expressly requires any showing that the collateral is necessary to the support of the debtor or his/her dependents. Nonetheless, in order to avoid an absurd result, a bankruptcy court interpreted this "necessity to support" requirement as applying to both subclauses, so as to prevent above-median income Chapter 13 debtors from taking a deduction for their payments on a recreational vehicle absent a showing by the debtors that this recreational vehicle was necessary for the support of themselves or their dependents.