IN RE RUDLER

No. 08-9007.

576 F.3d 37 (2009)

In re Glen H. RUDLER, Debtor. Phoebe Morse, United States Trustee, Appellant, v. Glen H. Rudler, Appellee.

United States Court of Appeals, First Circuit.

Decided August 5, 2009.


Attorney(s) appearing for the Case

Teal Luthy Miller, with whom Phoebe Morse, United States Trustee for the Districts of Maine, Massachusetts, New Hampshire and Rhode Island; Ramona D. Elliott and P. Matthew Sutko, Executive Office for United States Trustees, U.S. Department of Justice; Geraldine Karonis and Ann Marie Dirsa, Office of the United States Trustee, District of New Hampshire; Gregory G. Katsas, Assistant Attorney General; and William Kanter, Attorney, Appellate Staff, Civil Division, were on brief, for appellant.

Scott W. LaPointe, with whom Brown & LaPointe, P.A. was on brief, for appellee.

Before LYNCH, Chief Judge, BOUDIN and LIPEZ, Circuit Judges.


LIPEZ, Circuit Judge.

This bankruptcy appeal requires us to resolve a question of statutory construction that has divided bankruptcy courts and has not yet been addressed by any other circuit: whether the means test for identifying an abusive Chapter 7 petition allows a debtor to deduct from his income the installment payments due for property he plans to surrender in the bankruptcy. See 11 U.S.C. § 707(b)(2). Both the bankruptcy court and the Bankruptcy...

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