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Court Locations

6500 Cherrywood Ln - Greenbelt, MD 20770 - Main Tel: 301-344-8018 map
101 W Lombard St Room 8530 - Baltimore, MD 21201 - Main Tel: 410-962-2688

On April 10, 2006, the Chapter 7 debtor filed the instant case pro se. The U.S. Trustee determined that her case was presumptively abusive after a review of her schedules, statement of financial affairs and statement of current monthly income and means test calculation, pursuant to Section 707(b)(2). The debtor indicated a 60-month disposable income of only $2,752.80, thus the presumption of abuse is not apparent in the instant case, as it is required to be greater than $10,000. After the debtor obtained counsel and amended her schedules, the U.S. Trustee continued to argue that the case was abusive because the debtor was not entitled to deduct the full amount of $471 allowed by the IRS Local Standards for a motor vehicle she owned because it was not encumbered and she has no obligation to make car payments. Held, debtors are entitled to claim the full amount of the transportation exclusion regardless of whether or not they are obligated to make car payments.

James F. Schneider