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Consumer Bankruptcy Law and Practice: 13.4.5.3.2 Deduction for secured debts

The debtor may deduct the average monthly payments due on secured debts.201 This amount is determined by taking the sum of (1) the total of all amounts “scheduled as contractually due” to secured creditors in each month of the sixty months following the date of the petition,202 and (2) any additional payments to secured creditors that would need to be paid under a chapter 13 plan as described below.203 This total is then divided by sixty to determi

Consumer Bankruptcy Law and Practice: 13.4.5.3.3 Deduction for priority debts

The debtor may deduct as an allowed monthly expense payments on priority debts, determined by calculating the total amount of debts entitled to priority, and then dividing by sixty.213 Such debts include priority taxes, domestic support obligations (including support debts assigned to a governmental unit), and priority drunk driving debts.

Consumer Bankruptcy Law and Practice: 13.4.5.3.4 Deduction for health insurance

The debtor may deduct reasonably necessary expenses for health insurance, disability insurance, and a health savings account for the debtor, the debtor’s dependents, and the debtor’s spouse.217 For debtors who do not have such insurance, obtaining it before a bankruptcy case is filed can be an important step toward financial stability. In addition, it is a significant expense that can be deducted under the means test.

Consumer Bankruptcy Law and Practice: 13.4.5.3.5 Deduction for expenses to maintain safety from domestic violence

The debtor may also deduct reasonably necessary expenses to maintain the safety of the debtor and the family of the debtor from domestic violence, as identified under section 309 of the Family Violence Prevention and Services Act or other applicable federal law.218 The debtor’s use of this deduction must be kept confidential by the court, but it is unclear how this confidentiality provision will be implemented. As the court is to keep these expenses confidential, will the trustee, for example, be permitted to review them?

Consumer Bankruptcy Law and Practice: 13.4.5.3.6 Deduction for support of elderly and disabled family members

Other expenses that may be deducted include the “continuation of” actual, reasonable, and necessary expenses for the care and support of an elderly, chronically ill, or disabled household member or an immediate family member (parent, grandparent, sibling, child, grandchild, other dependent, or spouse in a joint case if not a dependent).219 This deduction is broader than the similar IRS Other Necessary Expense category, as it is not limited to dependents.220 It includes not simply care, but suppo

Access to Utility Service: NEW MEXICO

N.M. Code R. §§ 17.5.410.31, 17.5.410.33 (electric, gas), 17.11.16.19, 17.11.16.20 (telephone), 17.12.760.9, 17.12.760.21 (water), 17.13.960.9, 17.13.960.21 (sewer) (LexisNexis)

Access to Utility Service: OHIO

Ohio Admin. Code 4901:1-6-12 (telephone), 4901:1-15-27 (water, sewer), 4901:1-18-04, 4901:1-18-06, 4901:1-18-08, 4901:1-18-10 (gas, electric)

Access to Utility Service: OKLAHOMA

Okla. Admin. Code §§ 165:35-21-10 to 165:35-21-11, 165:35-21-20, 165:35-21-30 (electric), 165:45-11-13 to 165:45-11-14, 165:45-11-16 to 165:45-11-17 (gas), 165:55-11-10, 165:55-11-12 (telephone), 165:65-11-13, 165:65-11-15 (water)

Access to Utility Service: OREGON

Or. Admin. R. 860-021-0405, 860-021-0410, 860-021-0415 (gas, electric), 860-036-1530 (water), 860-037-0245 (joint water/wastewater), 860-034-0260, 860-034-0270, 860-034-0275 (small telephone utility), 860-021-0505, 860-021-0510, 860-021-0550 (large telephone utility)

Access to Utility Service: PENNSYLVANIA

52 Pa. Code §§ 56.2, 56.72, 56.91 to 56.118, 56.131 (electric, gas distribution utilities, water), 56.321 to 56.361 (steam heat, small gas utilities, wastewater), 59.24 (gas), 61.23 (steam heat), 64.71 to 64.74, 64.101 to 64.109, 64.111, 64.121 to 64.123 (telephone)

Access to Utility Service: SOUTH CAROLINA

S.C. Code Ann. §§ 58-27-2510 to 58-27-2560 (electric), 58-5-1110 to 58-5-1160 (gas); S.C. Code Ann. Regs. 103-352 (electric), 103-452 (gas), 103-735.1 (water), 103-633 (telephone), 103-535.1 (sewerage)

Access to Utility Service: SOUTH DAKOTA

S.D. Admin. R. 20:10:20:03, 20:10:20:05, 20:10:20:07, 20:10:20:09 to 20:10:20:11 (electric, gas), 20:10:10:03, 20:10:10:05, 20:10:10:07 to 20:10:10:08, 20:10:10:10 (telephone)

Access to Utility Service: TENNESSEE

Tenn. Code Ann. § 65-32-104 (water); Tenn. Comp. R. & Regs. 1220-4-3.19 (water), 1220-4-4.19 (electric), 1220-4-5.18 (gas) 1220-4-13.14 (wastewater)

Access to Utility Service: TEXAS

16 Tex. Admin. Code §§ 7.45, 7.460 (gas), 24.167 (sewer, water), 25.29 (electric), 25.483 (retail electric provider), 26.28 (telephone)

Access to Utility Service: VIRGINIA

Va. Code Ann. §§ 56-247.1 (electric, gas, water), 56-265.13:7 (small water or sewer utility); 20 Va. Admin. Code §§ 5-312-90(G), (I) (electric, gas), 5-413-25 (telephone)