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In re Henson (Case No. 11-72242) 03/23/2012

Debtors wished to take a deduction on line 43 of Official Bankruptcy Form 22C for expenses relating to their daughter’s participation in a children’s choir.  The chapter 13 trustee objected, arguing that the plain wording of the instructions for line 43 and the wording of 11 U.S.C. § 707(b)(2)(A)(ii)(IV) foreclose such a deduction.  The court sustained the objection, citing Congress’s choice of language to limit the exemption to funding a child’s education at a primary or secondary school, not for extracurricular activities.

Date: 
Friday, March 23, 2012
Category: 
B22
Chapter 13 Issues
Chapter: 
13