On the question of disposable income...

[GoingUnderInNV]

Are there any hard, fast rules to what is and what isn't considered a valid expense and what is considered "disposable"? There just seems to be so many different opinions here, I'm just trying to get a handle on it. So, let's use some of my expenses that I included on my Chapter 13 paperwork for the attorney.

Monthly vehicle expenses: $175 (gas, oil change [I do my own], misc maintenance)
Cell phone bill: $15 (I have a pay-as-you-go, minimum $15 per month)
Internet access: $48 (Clearwire) plus $22 MSN dialup

For starters, my job requirements require me to have all of the above: reliable transportation (during Legislative Session here in Nevada I have to travel to another office a couple times a week to provide support, and company does not provide transportation) is a must. I also must have a cell phone (I've gotten rid of my expensive package in favor of a pay-as-you-go plan), and I must have internet access as part of my job function (systems administrator). I've cut back in the last couple months from $100 DSL to this cheaper wireless plan.

Do the trustees take into account that one has been cutting back on expenses for these required items (in my case), or are they seen in the same light as someone who really doesn't have a need for these items?

Are there any hard, fast rules? I understand that every case is different, but I'm just trying to find a logical middle ground from which I can expect to chart out my life for the next five years (maybe get a second job?)...

Thanks for any comments!

[FilingOnMyOwn]

Its not something that is set in stone, but a good way to figure what you can use is by the irs guidelines: http://www.irs.gov/businesses/small/...104627,00.html

This is not to be taken as something for official bk use, but is very close to what is accepted. Your expenses sound very reasonable to me, and you should consider inflating your budget on paper to use up more of your income as long as its within reasonable proportions.

[SinkingFast]

What's allowed varies from Court to Court thru out the Country.

The way I learned what's gonna be allowed here is by looking at local cases filed on PACER and tidbits picked up during Consults and from our attny.

In our area, cable and satellite bills are allowed. We only get 1 TV station without cable or a dish. The only challenges I've seen were where people had super deluxe service packages. Basic cable only gets you 10-12 channels here. The $50/mo plan gets you 60-70 channels. Trustees are accepting the upgraded plan. But people that spend $100/mo with HBO and Starz and Pay per View and whatnot are running into issues.

Pretty much here, whatever your cell phone charges are, for routine service for your family, is being allowed. We have service for 5 phones and our bill runs $150/mo. I've seen higher cell phone expenses on PACER. Not job related either.

Whatever the allowable here is for gasoline is way more than the Court will allow for filers here. Our paralegal told me the other day they only have one couple that spends that much/mo. Both of them commutes daily 70 miles each way to work. Every other client, us included, spends about half the allowable for gasoline on average every month.

What's allowed is really gonna depend on where you live. What the Trustee is used to seeing in the way of expenses. If you spend more than most people in your area do on some things, you're gonna have to be prepared to document and explain why.