context: In contrast, other courts have viewed the phrase "scheduled as contractually due" as indicating the means test provided by SS 707(b) intends to capture a "snap shot" of the debtor's financial state as of the date of the petition rather than construct a forward-looking analysis of the debtor's financial situation.
citation_a.signal: see
citation_a.identifier: 373 B.R. 645, 656
citation_a.parenthetical: "Congress did not state that the subsection at issue applied only to payments estimated to be actually paid ... [a] natural reading of subsection (iii
citation_a.sentence: See Fokkena v. Hartwick, 373 B.R. 645, 656 (D.Minn.2007)(“Congress did not state that the subsection at issue applied only to payments estimated to be actually paid ... [a] natural reading of subsection (iii)(I) is that it applies to payments that the debtor is under contract to make ... ”); In re Walker, 2006 WL 1314125, *4 (Bankr.N.D.Ga.2006)(“nothing the debtor does or does not do changes the fact that scheduled payments remain contractually due.”);' In re Kogler, 368 B.R. 785, 791 (Bankr.W.D.Wis.2007)(“The best interpretation of § 707(b)(2) is to regard it as requiring a ‘snapshot’ of the debtors’ finances at the time of filing.”); In re Galyon, 366 B.R. 164, 167 (Bankr.W.D.Okl. 2007) (“for the purposes of the means test calculation, the debtor may deduct the payments at issue, despite her declared intent to surrender the collateral securing the debt.”); see also In re Randle, 2007 WL 2668727, *6-7 (N.D.Ill.2007)(rejecting interpretation of “scheduled” as referring to bankruptcy schedules, explaining “the only other place in the Bankruptcy Code that uses the phrase ‘scheduled as’ also explicitly refers to bankruptcy schedules before using the phrase ‘scheduled as’ in the same sentence.”).
citation_b.signal: see also
citation_b.identifier: 2007 WL 2668727, *6-7
citation_b.parenthetical: rejecting interpretation of "scheduled" as referring to bankruptcy schedules, explaining "the only other place in the Bankruptcy Code that uses the phrase 'scheduled as' also explicitly refers to bankruptcy schedules before using the phrase 'scheduled as' in the same sentence."
citation_b.sentence: See Fokkena v. Hartwick, 373 B.R. 645, 656 (D.Minn.2007)(“Congress did not state that the subsection at issue applied only to payments estimated to be actually paid ... [a] natural reading of subsection (iii)(I) is that it applies to payments that the debtor is under contract to make ... ”); In re Walker, 2006 WL 1314125, *4 (Bankr.N.D.Ga.2006)(“nothing the debtor does or does not do changes the fact that scheduled payments remain contractually due.”);' In re Kogler, 368 B.R. 785, 791 (Bankr.W.D.Wis.2007)(“The best interpretation of § 707(b)(2) is to regard it as requiring a ‘snapshot’ of the debtors’ finances at the time of filing.”); In re Galyon, 366 B.R. 164, 167 (Bankr.W.D.Okl. 2007) (“for the purposes of the means test calculation, the debtor may deduct the payments at issue, despite her declared intent to surrender the collateral securing the debt.”); see also In re Randle, 2007 WL 2668727, *6-7 (N.D.Ill.2007)(rejecting interpretation of “scheduled” as referring to bankruptcy schedules, explaining “the only other place in the Bankruptcy Code that uses the phrase ‘scheduled as’ also explicitly refers to bankruptcy schedules before using the phrase ‘scheduled as’ in the same sentence.”).