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IN RE ROSS-TOUSEY

No. 07-2503.

549 F.3d 1148 (2008)

In re Marvin ROSS-TOUSEY and Deborah Tousey, Debtors. Marvin Ross-Tousey and Deborah Tousey, Debtors-Appellants, v. William T. Neary, United States Trustee-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided December 17, 2008.

Attorney(s) appearing for the Case

P. Matthew Sutko (argued), Sean E. Martin, Department of Justice Executive Office for U.S. Trustees, Washington, DC, for Trustee-Appellee.

George Goyke (argued), Goyke, Tillisch & Higgins, Wausau, WI, for Debtors-Appellants.

Tara Twomey, San Jose, CA, for National Association of Consumer Bankruptcy Attorneys.

Before FLAUM, ROVNER, and WILLIAMS, Circuit Judges.

FLAUM, Circuit Judge.

This appeal involves two jurisdictional issues as well as interpretation of a provision of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA"). With regard to the bankruptcy issue, this Court must resolve whether an above-median-income debtor who has no monthly vehicle loan or lease payment can claim a vehicle ownership expense deduction when calculating his disposable income. For the reasons explained below, we reverse...

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