The debtors own three motor vehicles: a 1998 Mercury Marquis, a 2004 Volkswagen Passat, and a 1982 Mercedes 380SL. The Marquis and the Mercedes are each owned free and clear. The Passat is subject to a lien in favor of Capital One Auto Financing. On their means test form, the debtors claimed the full $489 ownership expense allowance for the Mercury Marquis. They claimed the same allowance for the Passat, but — as required by the means test form — subtracted out the $399 monthly payment to Capital One, for a net ownership expense allowance of $90. Although some courts have held that an ownership expense allowance may not be taken on a vehicle that the debtor owns free and clear, the majority and better-reasoned view, the court believes, is that such a deduction is authorized 8) (<HOLDING>). While there are no reported decisions within
holding that notwithstanding a debtors inability to obtain a chapter 13 discharge a debtor is nonetheless eligible to file a chapter 13 case holding that for purpose of the means test debtor can deduct mortgage payment even though debtor will abandon property holding that there is no statutory authority in chapter 13 which grants a chapter 13 debtor independent standing to sue under the trustees  avoidance power holding that projected disposable income for an abovemedian income debtor would not include a deduction for contractual payments on undersecured debt that the debtor would not actually be required to pay because the plan bifurcated the claim or surrendered the collateral holding that abovemedian income chapter 13 debtor entitled to deduct payments for 2 atvs even though she intended to surrender them