United States Fifth Circuit

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Tate v. Bolen, 08-60953

The dismissal of Debtors' bankruptcy petition for abuse is reversed, where Debtors should have been allowed to deduct a transportation ownership deduction under the plain language of 11 U.S.C. section 707(b), even though they had no loan or lease payment on their vehicle.

Appellate Information

  • Decided 06/30/2009
  • Published 06/30/2009

Judges

  • W. EUGENE DAVIS, Circuit Judge:, Before REAVLEY, DAVIS and BENAVIDES, Circuit Judges.

Court

  • United States Fifth Circuit

Counsel

  • For Appellant:
  • Mary Schillesci McPherson (argued), McPherson & McPherson, Poplarville, MS, for Appellants.

  • For Appellees:
  • Christopher James Steiskal, Office of U.S. Trustee, Jackson, MS, P. Matthew Sutko (argued), David Isaac Gold, U.S. Dept. of Justice, Executive Office of U.S. Trustee, Washington, DC, for Appellee.