United States Fifth Circuit

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.