Kathy Weaver filed a Chapter 13 plan and included a $200.00 monthly cigarette expense in her monthly budget.
A creditor in the case, Sarasota objected to the Debtor’s plan because it did not provide all of the Debtor’s disposable income. Specifically, the creditor objected to the Debtor’s $200.00 monthly cigarette expense as unreasonable and unnecessary.
The court disagreed and stated that bankruptcy law does not impose an ascetic existence upon a Chapter 13 debtor. The court should not mandate drastic changes in the debtor’s lifestyle to fit some preconceived norm for Chapter 13 debtors.
United States Bankruptcy Court for the Eastern District of Pennsylvania confirmed the Chapter 13 Plan of Kathy R. Weaver, leaving $128.60 in disposable income to apply to plan payments each month.
The Bankruptcy court concluded that the $200.00 cigarette expense was reasonably necessary for Debtor’s support and maintenance under the Bankruptcy Code.
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SARASOTA, INC. v. Weaver, Dist. Court, ED Pennsylvania 2004
