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Case that says OK to take additional expense of $200 if car older??
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In In re Carlin, 348 B.R. 795, 795-96 (D Or. 2006), the Court held that, consistent with IRS Transportation Standard regulations, debtors are entitled to an ADDITIONAL $200.00 means test deduction for operating expenses on free and clear vehicles which: (1) are over six years old; and/or (2) have mileage exceeding 75,000. The Ninth Circuit is in agreement. In re Ransom, 577 F.3d 1026, 1031 (9th Cir. 2009).
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A few CDCBAA events ago when Frank Cadigan spoke from the OUST we discussed a case that says that if the car that is paid for is over 10 (7??) years old or over 100K miles, the Central District OUST will not object of you put in an additional expense of $200 to account for added maintenence or the prospect of having to get a new car, soon. Cadigan suggested that we actually list the expense in the means test as allowed by the holding in that case. Does anyone recall the case name??? I cant find it on Westlaw.
Thanks
-Jeffrey B. Smith**
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