This Note addresses an issue arising out of the poor draftsmanship that characterizes BAPCPA. In In re Washburn, the United States Court of Appeals for the Eighth Circuit considered an issue that already has spawned a split between the federal circuits - whether in applying the "means test" a debtor may claim a vehicle ownership expense based upon a vehicle that the debtor owns free and clear. The Eighth Circuit's decision allowing debtors to claim the expense follows decisions by the United States Court of Appeals for the Fifth and Seventh Circuits and puts the court in conflict with the United States Court of Appeals for the Ninth Circuit.
Andrew J. Neumann,
Money for Nothing and Your (Expenses) for Free - Federal Circuit Split on Vehicle Ownership Expense in BAPCPA Means Testing,
75 Mo. L. Rev.
Available at: https://scholarship.law.missouri.edu/mlr/vol75/iss2/10