When you file bankruptcy, whether Chapter 7 or Chapter 13, you have to itemize your monthly living expenses on Schedule J. The bankruptcy form itself has various categories, food, clothes, utilities, medical care, and so on. Recreation is one category in which you could put cigarette smoking expense.
Here in the Eastern District of Michigan, the Detroit bankruptcy court, I never list more than $100 per month for one debtor in this category. It is difficult to justify more than that, in lieu of paying back creditors.
However, a two pack a day habit, if cigarettes cost $8 per pack, is $487 per month, according to the calculator at the.
My friend, California bankruptcy attorney Cathy Moran, has also posted on the topic of cigarette expenses in bankruptcy.