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IN RE TATE

No. 08-60953.

571 F.3d 423 (2009)

In the Matter of: Troy Edwin TATE; Elaine Burris Tate, Debtors. Troy Edwin Tate and Elaine Burris Tate, Appellants, v. R. Michael Bolen, United States Trustee, Appellee.

United States Court of Appeals, Fifth Circuit.

June 10, 2009.

Attorney(s) appearing for the Case

Mary Schillesci McPherson (argued), McPherson & McPherson, Poplarville, MS, for Appellants.

Christopher James Steiskal, Office of U.S. Trustee, Jackson, MS, P. Matthew Sutko (argued), David Isaac Gold, U.S. Dept. of Justice, Executive Office of U.S. Trustee, Washington, DC, for Appellee.

Before REAVLEY, DAVIS and BENAVIDES, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

The debtors, Troy Edwin Tate and Elaine Burris Tate, appeal the order of the district court affirming the judgment of the bankruptcy court dismissing their Chapter 7 bankruptcy case for abuse. To determine if a debtor with above median income has filed a presumptively abusive Chapter 7 case, we must apply the means test under that chapter and decide whether a debtor can claim a transportation ownership deduction when the debtor has...

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