Central District Consumer Bankruptcy Attorney's Association

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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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It is the UST's position in the 9th circuit. Here is a link to a document articulating the UST's position on this issue:

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It is 75,000 miles or more than 6 years old, I believe. It is listed on
the UST website. I believe that is just the UST position.

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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**
CURD, GALINDO & SMITH, L.L.P.
301 East Ocean Blvd. #1700
Long Beach, CA 90802
(562) 624-1177
(562) 624-1178 fax
(310) 993-6560 cellular
www.expertbk.com
**Certified By The State Bar
Of California As A Specialist
In Bankruptcy Law

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