A DEBTOR MUST USE THE STRIPPED/CRAMMED DOWN AMOUNT FOR PURPOSES OF CURRENT MONTHLY INCOME (CMI) ON LINE 47 OF B22C In re Hoss, Case No. 08-10365 In re Arroyo, Case No. 07-12779 August 2008, Judge Nugent In above median income (AMI) cases, debtors sought to deduct contract payments, rather than the stripped off/crammed down amounts….
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Tag Archive: cram down
Deduct Full Secured Debt on Bankruptcy Means Test
OK FOR CHAPTER 13 DEBTORS TO TAKE B22C DEDUCTION FOR FULL PAYMENT RATHER THAN CRAM DOWN AMOUNT In re Allen, Case No. 07-41327 February 2008, Judge Karlin Objected to confirmation on the basis that Debtor’s means test calculations erroneously included the full amount of the pre-petition car payments rather than the reduced or crammed-down amounts….
GAP Insurance Not In Car Lender's PMSI
GAP insurance, service contracts, administrative fees and the traded-in car payoff are not part of a car lender’s purchase-money secured claim in chapter 13 bankruptcy and can be crammed-down if the car is worth less than the loan balance, Judge Janice Miller Karlin ruled this week in In Re Miller, Case No. 08-40935, (Bankr. D.Kan….
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