Smoking cigarettes? The cost may be included in Bankruptcy Expenses of your Bankruptcy Petition
Smoking can be viewed as an addiction/habit, not just casual smoking.
Can smoking expenses help you qualify for bankruptcy?
Yes, smoking expenses are allowed as part of your monthly expenses.
Yes, for Chapter 7 and Chapter 13 Bankruptcy filings.
Let’s look at a specific example of smoking expenses that help qualify for Chapter 7 Bankruptcy:
- The cost of cigarettes affects the debtor’s disposable income.
Below is an interesting example. It shows how spousal income and expenses affect qualifying for Chapter 7 bankruptcy.
As your bankruptcy lawyer, I carefully review your case details.
I am Board Certified in Consumer Bankruptcy Law and have a 100% success rate in all Chapter 7 Bankruptcy filings. I will tell you if you are not qualified to file a Chapter 7 bankruptcy or if it will not benefit you.
When a debtor files for bankruptcy in New Jersey, household income is considered. In this particular case, the husband’s smoking habit enables her to file a Chapter 7 bankruptcy. I analyze a great deal of information to prepare your bankruptcy petition.
In this specific Chapter 7 Bankruptcy Filing case, smoking is bad for the debtor’s husband’s health.
Yet, it is beneficial for his wife to qualify for Chapter 7 bankruptcy.
Facts of a specific Chapter 7 Bankruptcy filing:
- Wife Files for Bankruptcy
- Non-filing spouse’s income is considered for household income
- The non-filing spouse’s income is provided to determine the disposable income
- The expenses of a spouse are also taken into account
- The non-filing spouse had a $600 per month smoking habit
- Smoking habit reduced his disposable income
- His smoking was expensive
- Smoking was viewed as an addiction/habit, not just casual smoking
Court Ruling
- The cost of the Husband’s smoking habit is not available to pay the wife’s creditors.
- If the husband did not have a smoking habit, his wife would not qualify.
- Wife is qualified to file a Chapter 7 Bankruptcy.
- Her husband did not have enough disposable income to pay her creditors.
Debtors call me on the telephone and ask for a definitive answer on whether they can file for Chapter 7 Bankruptcy.
- I have never lost a Chapter 7 Bankruptcy filing.
- There are no cookie-cutter bankruptcies.
- Each case must be carefully reviewed.
I offer a Free In-Person Bankruptcy Consultation so that I may give you a definitive and professional response.
Bankruptcy Filing Sample Analysis Criteria
- What do you Earn?
- Earnings are household income and your expenses. Earnings minus expenses equals disposable income.
- What are your Assets?
- Asset examples: cars, property, bank accounts, pending lawsuits where you may be owed money, and pending inheritances.
- What are your Debts?
- Debts: Credit card, taxes, medical bills, loans, guarantees on debts for others, car leases and loan, rent, etc.
Many factors must be evaluated to qualify for a Bankruptcy filing, requiring a significant amount of analysis.
As a bankruptcy lawyer, I thoroughly analyze your household income and expenses to ensure you are qualified when we file.
Clients call me and ask me if they qualify. I look at each case to provide a definite response.
Call me today. I am here to help. I offer a free consultation to determine whether you qualify for bankruptcy.
Can smoking expenses help you qualify for bankruptcy?
After reading the above, you see the answer is YES!
Clients’ successes are important to me. I do what is best for my clients at all times. Chapter 13 Bankruptcy may better suit your situation.
Please check out my client reviews to see that I practice my promises.
I want to help you get a fresh start with financial freedom.
Ralph A. Ferro, Jr., Esq.
Read why choosing a smaller bankruptcy law firm benefits you.
