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February 17, 2010

CMI Greater Than Median

Filed under: Uncategorized — admin @ 8:28 am

In re Namie, 395 B.R. 594, 597-98 (Bankr. D.S.C. 2008) (Waites) (Expenses allowed by § 1325(b)(3) for debtor with CMI greater than applicable median family income are subject to “reasonably necessary” standard; $5,376.54 per month to maintain and cure default with respect to home mortgage is not reasonable or necessary. “[Though 11 U.S.C § 1325(b)(3) allows for the categorical deduction of certain actual expenses, those expenses must be ‘reasonably necessary’ regardless of whether Debtor is above the median income…. Debtor bears the ultimate burden of proving that the claimed ‘actual expense,’ as allowed by the means test, is actual, reasonable, and necessary…. Debtor has offered no convincing evidence that the proposed housing expense is reasonably necessary for a family of two …. Debtor’s housing expense is more than five times that allowed by the I.R.S. and is not reasonable or necessary considering Debtor’s family size, income level, location, and lack of other special needs.”).

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