O F F I C I A L P U B L I C AT I O N O F T H E N AT I O N A L A S S O C I AT I O NOFCHAPTER 13 TRUSTEESSupreme Court to Decide Meaning of “Applicable” TransportationExpenses – Ransom v. FIA Card Services, N.AWho Can Create the Chapter 13 Plan and Why We AreSeeing So Many New or ‘Extra Plan Provisons?”How the Supreme Court’s Decision In Marrama Has Limitedthe Chapter 13 Debtor’s Right to DismissGovernment Collection of Outstanding Income Taxes in Chapter 13Bankruptcy Proceedings and the Current Split of Circuit CourtsA Fork in the Road: Courts Continue to Diverge AboutTransportation Ownership Deductions Under the Means TestJANUARY / FEBRUARY / MARCH 2011

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PRESIDENTMichael B. Joseph824 Market Street, PO Box 1350Wilmington, DE 19899302/656-0123 Fax: 302/656-3660mjoseph@ch13de.comPRESIDENT-ELECTDebra MillerPO Box 11550South Bend, IN 46634-0550574/251-1493 Fax: 574/251-1494chapter13sbin@msn.comVICE PRESIDENTRobert G. DrummondPO Box 1829Great Falls, MT 59403406/761-8600 Fax: et A. Burks600 Vine Street, Suite 2200Cincinnati, OH 45202513/621-4495 Fax: 513/621-2643mburks@cinn13.orgTREASURERRobert B. Willson1001 Main St., Suite 400Lubbock, TX 79401806/740-0114 Fax: 806/741-1181rbwilson@nts-online.netCHAPTER 13 QUARTERLYMary K. Viegelahn, Editor909 NE Loop 410San Antonio, TX. 78297210/824-1476mviegelahn@sach13comBOARD OF DIRECTORSIsabel Balboaibalboa@standingtrustee.comD. Sims Crawfordscrawford@ch13bham.comJan Hamiltonjan.hamilton@topeka13trustee.comMary Ida Townsonmaryidat@atlch13tt.comADVISORY BOARDKevin R. Andersonkanderson@ch13kra.comMartha G. Bronitskymbronitsky@oak13.comPaul R. Chaelpaul@pchael13.comRobin R. Weinerrobinweiner@ch13weiner.comLEGISLATIVE LIAISONSuzanne A. Bingham703/273-6165 Fax 703/802-0207EXECUTIVE DIRECTORCourtney C. WaldrupOne Windsor Cove, Suite 305Columbia, SC 29223800/445-8629 or 803/252-5646Fax 803/765-0860Courtney@jee.comNACTT STAFF EDITORNancy H. CooperOne Windsor Cove, Suite 305Columbia, SC 29223800/445-8629 or 803/252-5646Fax 803/765-0860 ncooper@usit.netPresident’s MessageChapter 13 Trustees Personal Security & PrivacyMichael B. Joseph .4Member NewsNew Members .5Membership Application.5Seminar NewsCalendar Of Events .6The Washington BeatFrom the Administrative Office of the U.S. CourtsJim Wannamaker .7From The Hill - EOUST Supreme Court to Decide Meaning of “Applicable” Transportation Expenses –Ransom v. FIA Card Services, N.A., fka MBNA America Bank, N.A.Doreen Solomon and Carrie Weinfeld .9Feature Articles“Who Can Create The Chapter 13 Plan And Why Are We SeeingSo Many New Or ‘Extra’ Plan Provisions?”Margaret A. Burks, Karolina Perr and Francis DiCesare.11How The Supreme Court’s Decision In Marrama Has LimitedThe Chapter 13 Debtor’s Right to DismissJason L. Rogers.14Government Collection of Outstanding Income Taxes in Chapter 13Bankruptcy Proceedings and the Current Split of Circuit CourtsKatrina Galic, Student, St. John’s University School of Law .17A Fork in the Road: Courts Continue to Diverge About TransportationOwnership Deductions Under the Means TestTracy Keeton, Student, St. John’s University School of Law .22Case DecisionsHenry E. Hildebrand, III.28NACTT Editorial Committee Chair: Mary K. Viegelahn - 909 NE Loop 410, San Antonio, TX. 78297Tel: (210) 824-1476 E-mail: mviegelahn@sach13.comNACTT Editorial Committee: Mary K. Viegelahn, Chair Cleve Reding, Photographer Linda B. GoreKathleen A. Leavitt Carolyn A. Bankowski Debbie LangehennigNACTT Quarterly (ISSN 10458972) is published quarterly by the National Association of Chapter 13 Trustees, One Windsor Cove, Suite 305, Columbia, SC 29223. Subscription feeof 25.00 is by membership only and is included in the annual membership fee. Periodicals postage paid at Columbia, SC and additional mailing office. Material appearing herein,including editorial comment, represents the views of the respective authors and does not necessarily carry the endorsement of the National Association of Chapter 13 Trustees.Vol. 23, No. 2 2011 NACTT Quarterly January / February / March3

FROM THE PRESIDENTPresident’s MessageChapter 13 Trustees Personal Security & PrivacyMarilyn Delpy: “What are you doing?”Mark Zuckerberg: “Checking in to see how it's going in Bosnia.”Marilyn Delpy: “Bosnia?”Mark Zuckerberg: They don't have roads, but they have Facebook." (From “The Social Network” 2010)Michael B. JosephNACTT PresidentChapter 13 TrusteeDistrict of Delaware4Social networks, Google, YouTube, emails,texts, and tweets are a part of everyday life andnow an important method of communication.We can contact a whole range of friends andbusiness associates. We can find, connect and catch upwith old acquaintances and instantly share memoriesand photos. We can post comments and items webelieve are interesting on a Facebook Wall. We canblog. We can enter our names and addresses in numerous websites whose aim is to make our lives easier.Recently Mark Zuckerberg founder and CEO ofFacebook announced that the social network is 500million members strong and confident they will hitone billion members at some point.1 The big caveat inall of this, is it safe?Everyone now realizes once you sign onto a socialnetworking site and post personal information itbecomes public for all to see. In fact your postingsbecome permanently fixed in cyberspace. Withoutconsideration of the existence embarrassing information (more on that later), personal identifiable information is more troublesome.In May, 2010 the Executive Office for United StatesTrustees issued the following mandate:“Participants in the bankruptcy system run the unfortunate risk of becoming the target of threats, violenceor other crimes. As a result, the standing trustee musttake all reasonable measures to insure the safety andsecurity of employees, debtors, creditors and otherpersons involved in Chapter 13 cases ” 2What is left unstated in the above Handbook reference is that Chapter 13 Trustees should and must bevigilant about their own personal safety. Over the yearsbankruptcy trustees have been subject to physicalthreats and worse. Federal judges and their familieshave been subjected to violence.3 We must be aware ofthe environment in which we work. We should be cognizant of appropriate security and safety precautions.This past year, the NACTT discovered that a majorJanuary / February / March NACTT Quarterly Vol. 23, No. 2 2011corporation that sells information on the internet,which includes public records, identity information,and investigation tools, had linked all standing chapter 13 trustees’ personal identifiable information (PII)from assigned debtor bankruptcy cases. To be clear, ifa customer wanted information about a trustee, the customer could “click” on the trustee’s name in anassigned case and then would be hyperlinked to thetrustee’s personal information. This PII may include thetrustee’s social security number, home address, previous residences, children’s details, and other irrelevantinformation.The NACTT sent a written demand that this practicebe stopped immediately as it might subject trusteesand their families to physical harm as well as identitytheft. Fortunately we were able to reach a settlementwith this corporation and chapter 13 trustees are nowable to have this hyperlink removed from the cases.Once removed, the only available data about a trusteein a case is information already in the public domain.This is a situation that we discovered and haveaddressed. However, the internet is vast and we do notknow everything out there that is dangerous.Individuals do have the power to limit information, forexample requesting unlisted home telephone numbers,and restricting information entered on forms and applications. Nevertheless, if you believe you have done allthat is necessary to protect your privacy try enteringyour name and the state where you live in a free internet people search engine such as www.zabasearch.com.4 I think you will agree that the results are frightening.I have asked Debra Miller, NACTT President Elect,to chair a new committee this year: The NACTTCommittee on Trustee Personal Security & Privacy.Deb and her committee will be working with nationalsecurity firms to assess and develop recommendationsfor trustee’s personal security and safety at home andin the office. It is anticipated this will also include a

PRESIDENT’S MESSAGEreview of the existence of trustee’s PII on the internet.While we should have reasonable measures in place toinsure the safety of our staff and participants in thebankruptcy system, we also need recommendationsso that we may protect ourselves and our families.The perils of social networking can lead to embarrassment as well, and potentially threaten your position. Consider this scenario: A state court Judge inTexas recalled that a lawyer asked for a continuancebecause of the death of her father. The Judge earlierhad seen a string of status updates by the lawyer onFacebook, detailing her week of drinking, going outand partying. But in court in front of the Judge she tolda completely different story.5 Be wary of what you poston the internet. Understand that everything you sharehas the potential to become unrestricted public information for all to see.6Information technology and social media are changing the way we live and conduct business. While wecan take advantage of the tremendous opportunitiesavailable, trustees should and must be aware of the peril, risk and danger involved in web-based technologiesand communications. Footnotes:1 See TechCrunch “Zuckerberg Makes it Official:Facebook Hits 500 Million Members” July 21, 20102 Handbook for Standing Trustees p. 9-8: this sectiononly effective 5/1/103 In March 2005, before killing himself a Chicago mankilled Federal District Court Judge Joan Lefkow’shusband and mother, www.cbsnews. com, March 10,2005; “Bel-Air California Man Convicted ofBankruptcy Fraud and Assault”: Milton LeeVandevort was found guilty of assaulting a chapter 7trustee’s process server. Federal Bureau ofInvestigation, Department of Justice Press ReleaseJuly 15, 2010.4 Note: Neither the NACTT or I endorse Zabasearch orany other search engine and its reference is only as anexample .5 “Facebooking Judge Catches Lawyer in Lie, Sees EthicsBreaches,” ABA Journal Law News, July 31, 2009.6 Look for special program about this topic at theNACTT Annual Seminar, August 3 to 6, 2011 inAnaheim, CA MEMBER NEWSWELCOME NEW MEMBER: Kelly Renno – Mt. Pleasant, SCTHE NATIONAL ASSOCIATION OF CHAPTER 13 TRUSTEESAPPLICATION FOR ASSOCIATE MEMBERSHIPThe undersigned hereby applies for Associate Membership in the National Association of Chapter 13 Trustees. Associate membership dues of 150 include a subscription to the quarterly publication NACTT Quarterly, plus notice of all seminars and right to participate as a member, but does not include voting rights.DUES OF 150 PER YEAR, renewable annually, must accompany this application.Membership period is October 1 through September 30.Name: E-mail Address:Address: City, State, Zip:Telphone: Fax:Please check applicable box: Attorney: Creditor: Court Officer: Organization: Other:Date: Signature of Applicant:Mail check and application or address changes to NACTT Headquarters:One Windsor Cove, Suite 305 Columbia, SC 29223 (800) 445-8629 (803) 252-5646 Fax (803) 765-0860Vol. 23, No. 2 2011 NACTT Quarterly January / February / March5

SEMINAR NEWSCALENDAR OF EVENTSNACTT Staff SymposiumFebruary 9-10, 2011The Mirage Las Vegas, NVInfo: NACTT at (800) 445-8629, or visit NACTT atwww.nactt.com, One Windsor Cove,Suite 305, Columbia, SC 292232011 Epiq User ConferenceFebruary 23 - 25, 2011Clearwater Beach Marriott Suites on Sand KeyClearwater Beach, FloridaInfo: Epiq Systems, Inc., 501 Kansas AvenueKansas City, KS 66105 - Phone: (800) 314-5550Fax: (800) 314-5551, or visit www.epiqsystems.comAmerican Bankruptcy

robinweiner@ch13weiner.com LEGISLATIVE LIAISON Suzanne A. Bingham 703/273-6165 Fax 703/802-0207 EXECUTIVE DIRECTOR Courtney C. Waldrup One Windsor Cove, Suite 305 Columbia, SC 29223 800/445-8629 or 803/252-5646 Fax 803/765-0860 Courtney@jee.com NACTT STAFF EDITOR Nancy H. Cooper One Windsor Cove, Suite 305 Columbia, SC 29223 800/445-8629 or