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Question regarding SCOTUS Ransom v FIA decision

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  • tobee43
    replied
    "whereas he majority opinion held that an over-median income debtor in chapter 13 is not entitled to the "ownership costs" deduction (approx. $471.00) in the computation of the means test (used to determine "disposable income") for a vehicle that is not encumbered by debt. the debtor is though is entitled to a deduction for the "operating costs" deduction (approx. $388.00) for an unencumbered vehicle????"

    well, that could be risky, but may work, i would still run it by your atty, just to make certain.

    here's the decision in it's entity for those who'd like to peek.

    Leave a comment:


  • rjsdsu
    started a topic Question regarding SCOTUS Ransom v FIA decision

    Question regarding SCOTUS Ransom v FIA decision

    In order to get both ownerhsip & operating expense on the means test, I understand that under the recent Ransom decision, I need to have secured debt on the vehicle. I am considering getting a title loan, but would rather not work with a third party. It would seem to me that if I contract with a friend for a loan and a note that secures the property, that should be enough for purposes of the means test and that I do not necessarily need the loan perfected by recording.

    Comments & advise much appreciated.

    RJ

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