[CLBS] 9th Cir. BAP's Decision on the $200 Old Car Deduction

[Marty Martelle]

This also complies with the IRS procedures in establishing an Installment Agreement.  The old car allowance is only used in Offer in Compromise calculations in determining excess income.

Marty Martelle

-----Original Message-----
From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Catherine Dullea
Sent: Thursday, April 10, 2014 2:31 PM
To: 'Alexandra Caval'; clbs at admws.idaho.gov
Subject: Re: [CLBS] 9th Cir. BAP's Decision on the $200 Old Car Deduction

Just to add, this is for above-median income chapter 13 debtors.

-----Original Message-----
From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Alexandra Caval
Sent: Thursday, April 10, 2014 11:58 AM
To: clbs at admws.idaho.gov
Subject: [CLBS] 9th Cir. BAP's Decision on the $200 Old Car Deduction

The Luedtke decision came out yesterday. In a nutshell, the 9th Circuit BAP held that the $200 old car deduction is not an allowed deduction when computing disposable income because it is not set forth or referenced in the National or Local Standards or in the Financial Analysis Handbook which is the portion of the Internal Revenue Manual that identifies, describes and interprets the National and Local Standards.

Alexandra O. Caval
Staff Attorney
Office of Kathleen A. McCallister
Chapter 13 Trustee
P.O. Box 1150
Meridian, ID 83680
T: (208) 922-5100
F: (208) 922-5599
alex at kam13trustee.com<mailto:alex at kam13trustee.com>


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