context: This Court is persuaded by the reasoning of the court in Burbank. The holding in Burbank is consistent with earlier decisions examining means test deductions in both Chapter 13 and Chapter 7 cases and reflects this Court's view that the expense side of the disposable income equation is not susceptible to the realistic approach.
citation_a.signal: see also
citation_a.parenthetical: Chapter 13 debtor may claim phan tom ownership expense on vehicle owned outright
citation_a.sentence: See also In re Lane, 394 B.R. 248 (Bankr.D.Mass. 2008) (Chapter 13 debtor may claim phan tom ownership expense on vehicle owned outright); In re Young, 392 B.R. 6 (Bankr. D.Mass.2008) (same); In re Hayes, 376 B.R. 55 (Bankr.D.Mass.2007) (Chapter 7 debtors were entitled to deduct from their current monthly income the monthly average of the mortgage payments which they were contractually obligated to make on date petition was filed over the next 60 months, without regard to whether they intended to surrender the mortgaged property); In re Hartwick, 359 B.R. 16 (Bankr.D.N.H.2007) (same).
citation_b.signal: see
citation_b.parenthetical: Chapter 7 debtors are allowed to reduce "current monthly income" by amount of payments to mortgagee where they have indicated their intention to surrender property
citation_b.sentence: See In re Mati, 390 B.R. 11 (Bankr.D.Mass.2008)(Chapter 13 debtor is entitled to ownership expense for vehicle owned outright under 11 U.S.C. § 707(b) (2) (A) (ii) (I)); In re Phillips, 382 B.R. 153 (Bankr.D.Mass.2008) (Chapter 13 debtor is entitled to standard housing deduction under 11 U.S.C. § 707(b) (2) (A) (ii) (I) even though her monthly rent was less than standard deduction); In re Guerriero, 383 B.R. 841 (Bankr.D.Mass.2008)(Chapter 7 debtors are allowed to reduce “current monthly income” by amount of payments to mortgagee where they have indicated their intention to surrender property).