Bankr. E.D.N.C.: In Mansfield-High Commuting Costs are not a Special Circumstance for 707(b)(2)

Summary: The Debtor, following some corrective amendments, had $731.36 of disposable income showing on Form B22. Because of a long commute in a pick-up truck with poor mileage, the Debtor claimed $612.00 a month of additional transportation expenses as a special circumstance under 11 U.S.C. § 707(b)(2)(B)(i). While not finding that high commuting costs never could be a special circumstance, the bankruptcy court did, however, hold that, as the Debtor had made this commute for more than 10 years, but had purchased the pick-up truck with poor mileage only 5 years ago, there were “more reasonable alternatives to the Debtor’s current mode of transportation that would reduce his expenses.” For a copy of the opinion, please see: Mansfield-High Commuting Costs are not a Special Circumstance for 707(b)(2).pdf