“TRANSFORMATION” RULE AND NEGATIVE EQUITY DISCUSSED; GAP INSURANCE, SERVICE CONTRACT NOT PART OF COLLATERAL In re Miller, Case No 08-40935 December 2008, Judge Karlin Debtor sought, and was permitted, to pay only the cost of the car, rather than cost plus other charges. Court did not rule on whether certain fees not adequately addressed by…
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Surrendered Collateral Doesn’t Count on Bankruptcy Means Test?
22C EXPENSE NOT PERMITTED ON SURRENDERED COLLATERAL In re Miller, Case No. 07-22927 December 2008, Judge Somers This decision ties to the concepts enunciated in the various Lanning decisions, i.e., to what extent may post petition changes in circumstances be considered in determining what is to be paid by an above the line debtor. Digest…
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