Ransom v. FIA Card Servs., 2011 U.S. LEXIS 608 (Jan. 11, 2011)

LexisNexis 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...

Supreme Court Rules That Debtor Must Have Loan or Lease Payment for Means Test Deduction

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:...

The Supreme Court's Holding in Ransom v. FIA Card Services, N.A., 2011 U.S. LEXIS 608 (2011)

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...