THACKER, Circuit Judge:
Gabriel and Monte Jackson filed a petition for Chapter 7 bankruptcy relief. Marjorie Lynch, the Bankruptcy Administrator for the Eastern District of North Carolina,
We granted the appeal as to the following question: whether 11 U.S.C. § 707(b)(2) permits a debtor to take the full National and Local Standard amounts for expenses even though the debtor incurs actual expenses that are less than the standard amounts. We conclude that debtors are entitled to the full National and Local Standard amount for a category of expenses if they incur an expense in that category.
On April 6, 2015, the Jacksons filed a Chapter 7 bankruptcy petition in the United States Bankruptcy Court for the Eastern District of North Carolina. Because the Jacksons earn more than the median income for a family of four in North Carolina, they had to complete a means test.
The Jacksons submitted their means test on July 2, 2015, using Official Form 22A-1 and 22A-2.
J.A. 120 (emphasis supplied).
Based on the instructions, the Jacksons included the Local Standard mortgage expense of $1,548.00. The Jacksons' actual mortgage expense was $878.00. Likewise, the Jacksons included the Local Standard expense of $488.00 for each of their two cars — a 2003 Chevrolet Tahoe ("Chevy") and a 2008 Dodge Magnum ("Dodge"). The Jacksons' actual payments were $111.00 for the Chevy and $90.50 for the Dodge. The Bankruptcy Administrator does not challenge whether the Jacksons actually followed the instructions provided in the official forms.
Nevertheless, on June 3, 2015, the Bankruptcy Administrator moved to dismiss the Jacksons' Chapter 7 petition as abusive. The Bankruptcy Administrator argued that the instructions on the official forms were incorrect and that a Chapter 7 debtor was "limited to deducting their actual expenses or the applicable National or Local Standard, whichever is less." J.A. 132. The Jacksons argued that the statute was "unambiguous" and specifically directed debtors to use the full National and Local Standard expense amounts.
On September 10, 2015, the bankruptcy court denied the Bankruptcy Administrator's motion to dismiss. The bankruptcy court "conclude[d] that the debtors' use of the IRS Local Standard allowances for their housing and vehicle exemptions on Form 22A-2 comports with ... the plain language" of the statute.
On September 23, 2015, the Bankruptcy Administrator filed a notice of appeal, and, then, on October 21, 2015, the parties jointly filed a request with the bankruptcy court for a certification to appeal directly to the Fourth Circuit. On October 24, 2015, the matter was transferred from the bankruptcy court to the district court.
No action was taken by either party or the bankruptcy or district courts for over two months. On January 5, 2016, the Bankruptcy Administrator moved for a status conference to "determine what steps [were] remaining in order to complete the certification." J.A. 323. On February 12, 2016, despite not having authority to directly certify the question, the bankruptcy court issued a recommendation that a direct appeal from this case be granted regardless of the parties' failure to file "a request for permission to take direct appeal with the circuit clerk as called for by Fed. R. Bankr. P. 8006(g)."
The parties filed their petition for permission to appeal with this court, and we granted the petition on March 31, 2016, and ordered the parties to address timeliness pursuant to 28 U.S.C. § 158(d)(2)(A).
We conclude that 28 U.S.C. § 158(d)(2)(A) does not create a jurisdictional time bar, and, therefore, the parties' delay in filing did not deprive this court of its jurisdiction.
Here, the parties certified that there is a split between bankruptcy courts within the Eastern District of North Carolina over the proper interpretation of 11 U.S.C. § 707(b)(2), which satisfies § 158(d)(2)(A)(ii). Therefore, we have jurisdiction to hear the appeal.
Pursuant to 11 U.S.C. § 707(b)(1), a court "may dismiss a case ... if it finds that the granting of [bankruptcy] relief would be an abuse" of the bankruptcy process. Section 707(b)(2)(A)(i) provides:
In turn, clause (ii), § 707(b)(2)(A)(ii)(I), states:
In
This court must now address the issue that the Supreme Court declined to reach in
We start as we must with the plain language of the statute because "when the statute's language is plain, the sole function of the courts — at least where the disposition required by the text is not absurd — is to enforce it according to its terms."
Here, the language is quite clear. Once an expense is incurred, then "[t]he debtor's monthly expenses
This interpretation gives full effect to Congress's decision to use different words in the statute. Section 707(b)(2)(A)(ii)(I) uses both "applicable" and "actual" in the same sentence, and "[d]ifferent words used in the same ... statute are assigned different meanings." 2A N. Singer, Sutherland on Statutes and Statutory Construction § 46:6 (7th ed. 2007). The first clause of the first sentence of § 707(b)(2)(A)(ii)(I) provides that a debtor's monthly expenses are the "
Moreover, interpreting "applicable" to mean "actual," as the Bankruptcy Administrator urges, would create an absurd result: punishing frugal debtors. If § 707(b)(2)(A)(ii)(I) only allows for deductions up to the amount of actual expenses, then a debtor would be incentivized to
For the foregoing reasons, the judgment of the bankruptcy court is
Given that this is a joint appeal, it is unsurprising that neither party has raised timeliness as an affirmative defense. This court retains the authority to raise a procedural bar sua sponte "where a defense substantially implicates important nonjurisdictional concerns that transcend the interests of the parties to an action."