LegalConsumer.com Bankruptcy Research Notes - Beta 0.08 - (1300+ cases & articles, and counting...)

Topics:

Keywords: means test . mass transit . vehicle operation expenses .

Topic #12:: Local Standards: Transportation: vehicle operation expense

  • Selected Case
  • Topic Overview
  • 4 Cases on This Topic
  • ?

Case Summary In re Schneider, 2008 WL 1885768, Bankr.N.D.N.Y., 4/28/2008, 13,Above

In re Schneider, 2008 WL 1885768 (Bankr.N.D.N.Y. 2008)

Topics

Means Test > Expenses > IRS Allowances > Vehicles > Operation & Maintenance

Local Standards: Transportation: vehicle operation expense

4 Cases , IssueID 12

Ch 7 Means Test
Form 22A, Line 22A
Ch 13 Means Test
Form 22C Line 27A

Topic Description:

Two issues are tracked in the database.
1. Whether debtors are entitled to the operation expense even if their actual expenses are less,
2. Whether a single debtor can deduct more than one car.

Lines of Cases:

A:

Debtor entitled to operation expense, even if actual expense is less

B::

One debtor can own two vehicles

  • Type A = Debtor entitled to operation expense, even if actual expense is less
  • Type B = One debtor can own two vehicles
  • Type E = "Everything Else"
  • Cases for Zip 81327
  • All Cases By Date
  • Cases A - Z

Cases for Zip 81327, Colorado District Bankruptcy Court

Tenth Circuit Cases

No Tenth Circuit cases in database on this topic

Other Circuits

� In re Musselman (Musselman v. eCast Settlement Corp.)

E.D.N.C. - 394 B.R. 801 - 2008-09-30 - 13 , Above

Google ID#: 3682934620630315002
(Type A : Debtor entitled to operation expense, even if actual expense is less )

Debtor entitled to operation expense, even if actual expense is less

� In re Schneider

Bankr.N.D.N.Y. - 2008 WL 1885768 - 2008-04-28 - 13 , Above

Google ID#: 17789203493420632915
(Type A : Debtor entitled to operation expense, even if actual expense is less )

� In re Austin

Bankr.D.Vt. - 372 B.R. 668 - 2007-08-07 - 13 , Above

Google ID#: 10612404352383004910
(Type : )

� In re Musselman (Musselman v. eCast Settlement Corp.)

E.D.N.C. - 394 B.R. 801 - 2008-09-30 - 13 , Above

Google ID#: 3682934620630315002
(Type A : Debtor entitled to operation expense, even if actual expense is less )

Debtor entitled to operation expense, even if actual expense is less

� In re Schneider

Bankr.N.D.N.Y. - 2008 WL 1885768 - 2008-04-28 - 13 , Above

Google ID#: 17789203493420632915
(Type A : Debtor entitled to operation expense, even if actual expense is less )

� In re Scurlock

Bankr. M.D. N.C. - 385 B.R. 814 - 2008-02-19 - 13 , Above

Google ID#: 15087739922755041567
(Type : )

� In re Austin

Bankr.D.Vt. - 372 B.R. 668 - 2007-08-07 - 13 , Above

Google ID#: 10612404352383004910
(Type : )

All Cases A to Z


FAQ/Help:

How to use case law (it can be tricky)

If you're not familiar with what "case law" is, and how to use it, check out Chapter 7 of Nolo's LegalResearch: How to Find and Understand the Law for a guide to how to read through a case to get the parts that matter.

Also, you need to be familiar with the concept of "jurisdiction." Here are some helpful links:

When you read a case, check to make sure that the case's decision applies to your local district. Do this by looking at which court has decided the case -- either the U.S. Supreme Court, a court of appeal (listed here in large type), or a district court (listed in small type).  Your local district court judge is not bound to follow the opinion of judges from other district courts, but often they look to these cases for advice. Your local district, however, is bound  to follow decisions in cases from it governing circuit court. You'll see fairly few Supreme Court case here, but those cases are also binding on all districts."

Are these all the bankruptcy cases there are?

NO! NO! NO! This is a start for your research. New cases are constantly being decided. I update this when I have time. This is only a fraction of the actual published opinions out there. Dozens of cases are handed down nationwide every week. I catalog interesting ones when I have time. They are meant to serve as a starting point for your research -- NOT as a comprehensive listing of the current state of the law.

 

DISCLAIMER. By using this database you acknowledge and agree to the following:

This database does not contain every relevant case in every district on the topics covered; there are high priced services for that. This is free. It is offered to the public "as is" as an adjunct to the Nolo books, How to File Chapter 7 Bankruptcy, and Chapter 13 Bankruptcy: Keep Your Property and Repay Your Debts Over Time (10th Edition, 2010): which I co-author with attorney Stephen Elias.

This database is updated as time permits. Do not assume that it has the latest case in your district. We are still filling holes in the database -- and will always be. Use it as a place to start your reasearch, rather than the final answer to your question.

Some of these issues involve the discretion of the judge which can vary from judge to judge. So, even if you find a case just like yours where a judge went your way, as they say in the car biz, "your mileage may vary..."

If you're not familiar with what "case law" is, and how to use it, check out Chapter 7 of Nolo's LegalResearch: How to Find and Understand the Law for a guide to how to read through a case to get the parts that matter.

For more help, click the "?" tab.