Elena Kagan seemed very comfortable on her first day as an Associate Justice of the Supreme Court, asking several technical questions about bankruptcy law during Monday’s hearing. Kagan, who was confirmed in August, asked 7 questions during the 1-hour argument and seemed engaged and confident.
Monday’s case involved calculations of disposable income in bankruptcy cases. The Justices had been asked to determine whether debtors could deduct from “discretionary income” a cost of car ownership, when the IRS has described the standard “car ownership” cost as a cost of loan or lease payments. A creditor is arguing that the bankruptcy courts, like the IRS, should not consider costs of car ownership when considering how much money a person has available to pay.
Kagan questioned both parties and did not indicate how she would likely vote.
Kagan recused herself from the second case argued today.