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:...
When reading recent US Supreme Court opinions
interpreting BAPCPA, the statute's manifest flaws are the "elephant in the
room" (origins of phrase here ),
and Justice Kagan's recent opinion for the Court in Ransom v. FIA Card Services , N.A , 2011 U.S. LEXIS 608 (Jan. 11, 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...
On this edition, Henry Sommer, co-editor in chief of Collier on Bankruptcy and the LexisNexis Matthew Bender Collier line of bankruptcy publications and Kenneth Klee, Professor at UCLA School of Law, discuss the U.S. Supreme Court's Jan. 11, 2011 opinion in Ransom v. FIA Card Services. They outline...