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Fifth Circuit Allows Deduction for Transportation Ownership for Debtor with No Loan Payment
A continuing issue in consumer bankruptcy cases in Chapter 7, 11 and 13, is the manner in which automobile expenses are treated in the calculation of "current monthly income". As with many aspects of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA"), practitioners and Courts have struggled with the question of determining the treatment of automobile expenses under the Code. On June 10, 2009, the Fifth Circuit Court of Appeals ruled that a Chapter 7 Debtor could claim the deduction and expense for transportation even if the Debtor used vehicles which were not subject to loans or leases.
Where is a Bankruptcy Case filed in New Jersey?
This blog addresses where a Chapter 7, 11, or 13 Bankruptcy Case in New Jersey will be filed and why and a basic review of concepts such as "jurisdiction", "venue", and assignment of cases in this state.

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