[NCNCA] Cases, please re: means test, secured debt, and surrender

[Lawrence Szabo]

The OUST has filed a "presumption of abuse" regarding my client even 
though their Form 22A results in the presumption not arising. The OUST 
believes that my clients cannot deduct form CMI their large secured 
debt payments  because my clients have decided to "surrender" their 
California dream home. The most recent case I found,  In re Benedetti,  
2007 WL 2083576 (Bkrtcy.S.D.Fla.,2007) July 13, 2007 relied on these 
cases in holding that  such deduction is proper:

In re Walker, --- B.R. ----, 2006 WL 1314125 (Bankr.N.D.Ga.2006)
In re Oliver, 2006 WL 2086691 (Bankr.D.Ore.2006)
In re Hartwick, 352 B.R. 867 (Bankr.D.Minn.2006)

Benedetti cited the following cases holding that the secured debts for 
surrendered collateral are not included in the means test calculation:

In re Skaggs, 349 B.R. 594 (Bankr.E.D.Mo.2006),
In re Love, 350 B.R. 611 (M.D.Ala.2006),
In re Crittendon, 2006 WL 2547102 (Bankr.M.D.N.C.2006),
In re Edmunds, 350 B.R. 636 (Bankr.D.S.C.2006) and
In re Harris, 353 B.R. 304 (Bankr.E.D.Okla.2006)

Looks like I'm down 5 to 4 at this point.  Does anyone know of other 
cases on the issue, either pro or con? Much appreciated.


Larry Szabo
Oakland, CA