In Re Rable, 445 B.R. 826

Debtor Keith A. Rable filed a Chapter 7 petition on April 9, 2010; unsecured debt totaled $133,968.39 and he is married with two minor dependents.
Debtor submitted Form B22A (means test) stating household gross monthly income of $7,416.77 and annual income of $89,001.24; spouse is not a debtor.
At filing, Ohio four-person median income was $73,040; debtor’s annualized income exceeded median, triggering the means test.
Debtor reported negative monthly disposable income of $786.64 on Form B22A; United States Trustee (UST) challenged this denial of presumptive abuse.
UST moved to dismiss under 11 U.S.C. § 707(b)(1), (2), and (3); debtor filed updated financial information and the Court held a hearing.
Court found the debtor’s marital adjustment on Form B22A Line 17 improper, requiring recalculation of disposable income and leading to presumptive abuse.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the marital adjustment on Form B22A Line 17 was proper.	UST argues the mortgage payments paid by non-debtor spouse are not marital; should be disallowed.	Rable contends the adjustment is proper for household expenses attributed to the spouse.	Unallowable marital adjustment; line 17 deduction reversed.
Whether the adjusted disposable income triggers a presumption of abuse under § 707(b)(2).	With adjustment, disposable income exceeds abuse threshold.	No contrary evidence of special circumstances presented.	Disposed favoring presumption of abuse; relief under Chapter 7 denied.

In re Longo, 364 B.R. 161 (Bankr. D. Conn. 2007) (abuse analysis under § 707(b) and statutory means test guidance)
In re Travis, 353 B.R. 520 (Bankr. E.D. Mich. 2006) (definition of current monthly income and household expense considerations)