Bankr. E.D.N.C.: In re Green- § 707(b) and Inaccurate Marital Adjustment

Summary: The Debtor excluded $3,913.02 as a marital adjustment to the means test, providing only the phrase “Husband’s Expenses” as the basis for the deduction and failing to include any amounts on Schedule I. At the request of the Bankruptcy Administrator, the Debtor itemized this amount as follows: Mortgage $1,344.02 Electricity $237.00 Cable/Internet/Telephone $220.00 Trash Pick-up $71.00 Home Maintenance $300.00 Household Cleaning Supplies $75.00 Total $2,247.02 The Bankruptcy Administrator contended that these were not separate expenses of the non-filing spouse, but instead were for the benefit of the debtor and could be included within the marital adjustment. The bankruptcy court agreed, further finding that the original marital adjustment was inflated by several thousand dollars. For a copy of the opinion, please see: Green- § 707(b) and Inaccurate Marital Adjustment.pdf