IN RE BURDEN

No. 07-50366.

380 B.R. 194 (2007)

In re Dean Lee BURDEN and Darla Kay Burden, Debtors.

United States Bankruptcy Court, W.D. Missouri.

December 20, 2007.


Attorney(s) appearing for the Case

Edward A. Coulson, Liberty, MO, for Dean and Darla Burden.

Scott Greenberg, St. Louis, MO, for HSBC Mortgage Services, Inc.

Melinda J. Maune, Thomas Noonan PC, St. Louis, MO, for Ford Motor Credit Company, LLC.

Neil S. Sader, Sader & Garvin, Kansas City, MO, for Centennial Bank of the West.

Adam Miller, Jerry L. Phillips, Office of the U.S. Trustee, Kansas City, MO, U.S. Trustee.


MEMORANDUM OPINION

JERRY W. VENTERS, Bankruptcy Judge.

Bankruptcy courts around the country are sharply divided over the issue before the Court in this Chapter 7 bankruptcy case. That issue is: May a debtor claim a deduction on the Bankruptcy Code's "means test" for payments on debts secured by collateral that the debtor intends to surrender to the creditor?

The majority of courts deciding this issue has held that the language of 11 U.S.C...

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