IN RE WILSON

No. 07-6050.

383 B.R. 729 (2008)

In re Gregory A. WILSON and Lori A. Wilson, Debtors. Joyce Bradley Babin, Trustee-Appellant, v. Gregory A. Wilson and Lori A. Wilson, Debtors-Appellees. Nancy J. Gargula, U.S. Trustee-Amicus on Behalf of Appellant. National Association of Consumer Bankruptcy Attorneys, Amicus on Behalf of Appellee.

United States Bankruptcy Appellate Panel of the Eighth Circuit.

Filed: March 14, 2008.


Attorney(s) appearing for the Case

Joyce Bradley Babin, Little Rock, AR, for Appellant.

Sherry L. Daves, Hot Springs, AR, for Appellee.

SCHERMER, FEDERMAN, and McDONALD, Bankruptcy Judges.


FEDERMAN, Bankruptcy Judge.

This appeal concerns the calculation of a debtor's allowable expenses under § 707(b) of the Bankruptcy Code. The bankruptcy court held that a debtor can claim a vehicle ownership expense deduction even though the debtor owns the car outright. For the reasons that follow, we reverse.

Debtors Gregory and Lori Wilson filed a Chapter 13 case on September 29, 2006, which is subject to the provisions of the

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