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IN RE SMITH

BAP Nos. WW-08-1311-MoJuH, WW-08-1312-MoJuH, WW-08-1313-MoJuH. Bankruptcy No. 07-43853-PBS.

418 B.R. 359 (2009)

In re Timothy SMITH and Karrie A. Smith, Debtors. American Express Bank, FSB; Robert D. Miller, Jr., Acting United States Trustee; David M. Howe, Chapter 13 Trustee, Appellants, v. Timothy Smith and Karrie A. Smith, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

October 5, 2009.

Attorney(s) appearing for the Case

William A. McNeal/Gilbert B. Weisman, Becket & Lee, Malvern, PA, for American Express Bank.

Marjorie S. Raleigh, Seattle WA, for U.S. Trustee.

Gerald R. Pederson, Vancouver, WA, for David M. Howe, trustee.

Stanley F. Horak, Vancouver, WA, for Timothy & Karrie Smith.

Before: MONTALI, JURY and HOLLOWELL, Bankruptcy Judges.

OPINION

MONTALI, Bankruptcy Judge:

In this case we decide an issue that has come before many courts throughout the country, but not before this Panel or the United States Court of Appeals for the Ninth Circuit. It is a problem that has vexed the bankruptcy bench and bar since the law was changed in 2005: may a debtor "deduct" secured debt payments not being paid because the property has been surrendered? We part company with several of our colleagues...

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