Ramona Jolynn Comstock

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UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
In re
RAMONA JOLYNN COMSTOCK, No. 07-10718
Debtor(s).
______________________________________/
Memorandum re Vehicle Expense for Means test
_________________
The court is growing increasingly frustrated with the parties’ attempt to stipulate to the facts in this
case. The problems are very apparent in relation to the allowance of ownership and operating expenses for
two vehicles, one of which is owned free and clear.
Both parties agree that transportation expenses can only be allowed when they are necessary to the
debtor’s health, welfare or production of income. This is a factual issue. The stipulated facts are devoid of
any showing of necessity. It would seem that the debtor should lose for this reason alone.
The debtor argues that one of the vehicles has 208,000 miles on it. That fact is not in the stipulation.
The court has no idea on what basis the debtor has made the representation.
The debtor has claimed both an ownership and an operating expense for each vehicle. However, the
BAP has just held that no ownership expense is allowable for a vehicle owned free and clear. In re Ransom,
– B.R. – (9th Cir. BAP 2007). It seems, although the court is not positive, that this means the case must be
dismissed.
If the parties agree that Ransom is dispositive, the U.S. Trustee shall submit an order dismissing the
Entered on Docket
December 28, 2007
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 07-10718 Doc# 42 Filed: 12/28/07 Entered: 12/28/07 13:22:05 Page 1 of 2

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case. If they disagree, the matter shall be set for further hearing. At such further hearing the court will decide
if it will allow the matter to proceed on stipulated facts, since the stipulation has made the case more difficult
for the court to decide and does not appear to have been providently or thoughtfully entered into.
Dated: December 28, 2007
SAlan Jaroslovsky
U.S. Bankruptcy Judge
Case: 07-10718 Doc# 42 Filed: 12/28/07 Entered: 12/28/07 13:22:05 Page 2 of 2