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 by Jan Hamilton, Trustee.
Surrendered Collateral Doesn’t Count on Bankruptcy Means Test?
Posted on January 9, 2010 Written by
Deviation from Bankruptcy Means Test for Expenses, Too
Posted on January 7, 2010 Written by
LANNING EXTENDED TO EXPENSE SIDE
In re Melvin, Case No. 07-22352
December 2008 Judge Somers
Court extended the Lanning analysis and found there was no binding precedent on the issue of whether actual of 22C expenses were mandated and found that 22C expenses may be deviated from also. This is consistent with dicta in Lanning, and Judge Nugent in In Re Hoss, 08-10365, and In re Arroyo, No. 07-12779. It may also be inconsistent with Judge Karlin in the bankruptcy court decision in Lanning.
Lanning has been appealed by the bankruptcy trustee and is currently pending in the U.S. Supreme Court. Oral argument is expected in March 2010.
Digest by:Â Jan Hamilton, Trustee
