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lease v. loan on the means test; limits on deducting secured debt
1. It is my understanding that car loan payments get deducted in full on
the means test but the lease payment is not deducted in full but is deemed
to be included in the transportation allowance. I found just one case
dealing with the issue, and it treats loans and leases differently. 2008
In re Boehlke 2008 Bankr. Lexis 235.
A. Are you aware of other cases on this issue? Any cases going the
other way?
B. What is the local practice with respect to this issue?
2. It is my understanding that the courts are more likely to tolerate a
large home mortgage payment (relative to other homes) on a luxury
home large than a large car payment large (relative to other cars) on a
luxury vehicle.
A. Has that been your experience?
Alik Segal
Alik.Segal@gmail.com
310-362-6157
California Central District
1. It is my understanding that car loan payments get deducted in full on the means test but the lease payment is not deducted in full but is deemed to be included in the transportation allowance. I found just one case dealing with the issue, and it treats loans and leases differently. 2008 In re Boehlke 2008 Bankr. Lexis 235.
A. Are you aware of other cases on this issue? Any cases going the other way? B. What is the local practice with respect to this issue?2. It is my understanding that the courts are more likely to tolerate a large home mortgage payment(relative to other homes)on a luxury homeuxury vehicle.
A. Has that been your experience?-- Alik SegalAlik.Segal@gmail.com310-362-6157California Central District
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