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IN RE WILLINGHAM

No. 14-11447-B-7.

520 B.R. 818 (2014)

In re James B. WILLINGHAM and Pamela L. Willingham, Debtors.

United States Bankruptcy Court, E.D. California, Fresno Division.

Signed October 24, 2014.

Attorney(s) appearing for the Case

Gregory S. Powell, Esq. , Fresno, CA, appeared on behalf of Tracy Hope Davis, Esq. , United States Trustee.

Cynthia R. Scully, Esq. , Bakersfield, CA, appeared on behalf of the debtors, James B. Willingham and Pamela L. Willingham.

MEMORANDUM DECISION REGARDING UNITED STATES TRUSTEE'S MOTION TO DISMISS

W. RICHARD LEE, Bankruptcy Judge.

The Ninth Circuit Bankruptcy Appellate Panel ("BAP") recently decided that the $200 "older-vehicle operating expense" deduction is not available to chapter 13 debtors for the purpose of determining the amount of disposable income which must be paid through a chapter 13 plan to unsecured creditors pursuant to 11 U.S.C. § 1325(b)(2).

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