Overview: Bankruptcy debtor improperly claimed a vehicle ownership expense in calculating
disposable income to pay to creditors under 11 U.S.C.S. § 707(b), since the
debtor could only deduct the expense if it was applicable to the debtor's
financial circumstances, and the debtor...
In an 8-1 decision authored by Justice Kagan, the Supreme
Court ruled today that an ownership expense is not "applicable" under
the Means Test unless the Debtor has an actual payment. Ransom v. FIA Card
Services , No. 09-907 (1/11/11).
Justice Kagan framed the issue in this manner:...
In this Emerging Issues
analysis, Professor Kenneth N. Klee examines the Supreme Court's Holding in
Ransom v. FIA Card Services, N.A. , concluding that if a statute contains a
definition of a term or concept that can have more than one interpretation, the
Court may construe the statute in light...