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IN RE RANSOM

No. 08-15066.

577 F.3d 1026 (2009)

In the Matter of Jason M. RANSOM, Debtor, Jason M. Ransom, Appellant, v. MBNA, America Bank, N.A., Appellee, Executive Office of United States Trustee, Trustee.

United States Court of Appeals, Ninth Circuit.

Filed August 14, 2009.

Attorney(s) appearing for the Case

Christopher P. Burke, Chris P. Burke & Associates, Las Vegas, NV, for the appellant.

Jeremy T. Bergstrom, Miles, Bauer, Bergstrom & Winters LLP, Henderson, NV; and William Andrew McNeal, Becket & Lee LLP, Malvern, PA, for appellee, MBNA, America Bank, N.A.

Catherine Bentley Sevcenko, Executive Office for the United States Trustees, for amicus curiae, United States of America.

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

Before STEPHEN S. TROTT, M. MARGARET McKEOWN and SANDRA S. IKUTA, Circuit Judges.

TROTT, Judge:

Does an above-median income debtor seeking bankruptcy relief under chapter 13 get to deduct from his projected disposable income (that otherwise would be available to unsecured creditors) a vehicle "ownership cost" for a vehicle he owns free and clear? Based upon our interpretation of the controlling statute, 11 U.S.C. § 707(b)(2)(A)(ii)(I), our answer is "no." Thus, we agree with the decision of our Bankruptcy Appellate Panel ("BAP"), see Ransom...

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