Can I, Can I Not, Take the Means Test Car Ownership Allowance When My Car Is Paid For?
By Jill Michaux, Kansas Bankruptcy Attorney on Sep 1, 2008 in Kansas, Means Testing
Kansas has four conflict decisions among the many decisions written on the propriety of taking the car ownership allowance on the means test if your car is paid for and has no lien upon it. Last week, one Kansas judge reversed herself to follow a BAP opinion.
The Bankruptcy Appellate Panel for the U.S. Circuit Court of Appeals for the 10th Circuit (BAP) ruled last month in Pearson you may take the allowance, the Kansas District Court ruled you may not take the allowance in the Wieland vs. Thomas case, reversing the Kansas City, KS, bankruptcy court. The chief bankruptcy judge in Wichita ruled against taking the allowance in the Howell case as did the Topeka bankruptcy judge in the Law case. Judge Janice Miller Karlin announced last week she no longer following her Law decision and she will be following the BAP’s Pearson decision.
None of these decisions is binding on other judges in other cases. The Pearson case has been appealed to the U.S. Court of Appeals. Perhaps, soon, we will have a binding answer for the 10th Circuit states (Kansas, Oklahoma, Colorado, New Mexico, Utah and Wyoming).
IN FAVOR OF ALLOWANCE
In Re Pearson, (BAP10, WY-07-097, July 28, 2008)
NOT IN FAVOR OF ALLOWANCE
Wieland v. Thomas, 382 B.R. 793 (D. Kan. March 4, 2008)(Lungstrum, J.), reversing In re Thomas, 2007 WL 2903201 (Bankr. D. Kan. Oct. 02, 2007)(Berger, J.)
In re Howell, 366 B.R. 153 (Bankr. D. Kan. 2007)(Nugent, J.)
In re Law, 2008 WL 1867971 (Bankr. D. Kan. 2008)(Karlin, J.) (holding no longer followed by author)
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