United States First Circuit

Bankruptcy Appellate Panel judgment is affirmed where, in calculating monthly income under the means test for identifying an abusive Chapter 7 petition, the plain language of 11 U.S.C. sec. 707(b)(2) allows debtors to deduct payments due on a secured debt notwithstanding the debtor's intention to surrender the collateral.

Appellate Information

• Decided 08/05/2009
• Published 08/05/2009

Judges

• LIPEZ, Circuit Judge., Before LYNCH, Chief Judge, BOUDIN and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Teal Luthy Miller, with whom Phoebe Morse, United States Trustee for the Districts of Maine, Massachusetts, New Hampshire and Rhode Island;  Ramona D. Elliott and P. Matthew Sutko, Executive Office for United States Trustees, U.S. Department of Justice;  Geraldine Karonis and Ann Marie Dirsa, Office of the United States Trustee, District of New Hampshire;  Gregory G. Katsas, Assistant Attorney General;  and William Kanter, Attorney, Appellate Staff, Civil Division, were on brief, for appellant.


• For Appellees:
  
• Scott W. LaPointe, with whom Brown & LaPointe, P.A. was on brief, for appellee.