Posted: December 17, 2008.
The Seventh Circuit Court of Appeals has adopted NACBA's position that a debtor is entitled to claim the car ownership allowance in the section 707(b) means test regardless of whether the debtor is currently making payments on a car loan. The decision in In re Ross-Tousey was the first circuit court opinion on the issue, and it adopted many of the arguments made in the amicus brief filed by NACBA. The court ruled that its result was dictated by the plain language of the statute, legislative history, and the underlying policies of the means test to use objective standards rather than actual expenses where the Code dose not specifically state that actual expenses should be used. The same issue is being litigated elsewhere and NACBA is participating in many of those cases. NACBA will shortly be filing an amicus brief in the Third Circuit.