11 KAR 3:100. Administrative wage garnishment.

11 KAR 3:100. Administrative wage garnishment.

RELATES TO: KRS 164.744(1), 164.748(4), (10), (20), 164.753(2), 34 C.F.R. 682.410(b)(9), 20 U.S.C. 1071-1087-2, 1095a

STATUTORY AUTHORITY: KRS 164.748(4), 164.753(2), 20 U.S.C. 1095a

NECESSITY, FUNCTION, AND CONFORMITY: Pursuant to KRS 164.744(1) and 164.748(2), the Kentucky Higher Education Assistance Authority has entered into agreements with the secretary to provide loan guarantees in accordance with 20 U.S.C. 1071 through 1087-2. 20 U.S.C. 1095a permits a student loan guarantee agency to garnish the disposable pay of a borrower to recover a loan guaranteed pursuant to 20 U.S.C. 1071 through 1087-2, notwithstanding a provision of state law. That section also permits the student loan guarantee agency to establish procedures for requesting and conducting a hearing related to the wage garnishment. KRS 164.748(10) authorizes the authority to collect from borrowers loans on which the authority has met its guarantee obligation, and KRS 164.748(20) authorizes the authority to conduct administrative hearings, exempt from KRS Chapter 13B, pertaining to wage garnishment. This administrative regulation establishes the procedures for implementing wage garnishment in accordance with requirements of the federal act.

Section 1. (1) Following payment of a claim by the authority to a participating lender by reason of the borrower's default in repayment of an insured student loan, the authority, acting through its executive director or other designee, may issue an administrative order for the withholding of the debtor's disposable pay, which order shall conform to the requirements of this section.

(2) This administrative regulation shall apply to a debtor who is either a borrower or an endorser of an insured student loan.

(3) An order for withholding of disposable pay shall not be issued under this section nor become effective less than thirty (30) days after the authority provides a written notice to the debtor by personal service or mail, addressed to the debtor at the residence or employment location last known to the authority. The notice shall include at least the following information:

(a) The name and address of the debtor;

(b) The amount of the debt determined by the authority to be due;

(d) A statement of the intention of the authority to issue an order for withholding of disposable pay;

(e) A statement of the right to dispute the existence or amount of the debt or the terms of a proposed repayment schedule under the garnishment order (other than a repayment schedule agreed to in writing pursuant to paragraph (g) of this subsection);

(f) A statement of the right to inspect and copy any records relating to the debt open to inspection in accordance with KRS 61.870 through 61.884;

(g) A statement of the opportunity to enter into a written agreement with the authority, on terms satisfactory to the authority, establishing a schedule for repayment of the debt;

(h) A statement that, unless there is good cause determined by the authority for the debtor's failure to timely request a hearing, the debtor's acquiescence to the withholding of disposable pay shall be presumed; and

(i) A statement that if the debtor requests a hearing, but fails to appear without good cause determined by the hearing officer, the hearing officer shall affirm the issuance of an order for withholding of disposable pay.

(4) An amount shall not be withheld from the disposable pay of an individual during the first twelve (12) consecutive months of reemployment commenced within twelve (12) months following an involuntary separation from employment.

(5) Establishment of a written repayment schedule in accordance with subsection (3)(g) of this section shall be deemed, for purposes of subsection (3)(e) of this section, conclusive acknowledgement by the debtor of the existence and amount of debt agreed to be paid.

(6) Service of the notice required by subsection (3) of this section shall be conclusively presumed to be effected five (5) days after mailing of the notice by the authority, unless the notice is returned to the authority undelivered by the postal service. The date of service of the notice shall otherwise be evidenced by affidavit of a person executing personal service or a delivery receipt.

Section 2. (1)(a) A hearing shall be provided if the debtor, on or before the 15th day following the date of service of the notice required by Section 1(3) of this administrative regulation, files with the authority a written request for a hearing in accordance with procedures prescribed by this administrative regulation. The timely filing of a request for a hearing (evidenced by a legibly dated U.S. Postal Service postmark or mail receipt) shall automatically stay further collection activity under this administrative regulation pending the outcome of the hearing.

(b) If the debtor requests a hearing, but the request is not timely filed, a hearing shall be provided, but the request shall not stay further action pending the outcome of the hearing.

(c) A hearing officer, appointed by the authority (who shall not be an individual under the supervision or control of the board other than an administrative law judge), shall conduct the hearing.

(d) The hearing shall be held during regular business hours: Monday through Friday between the hours of 9 a.m. and 4 p.m. Eastern Standard Time.

(e) A hearing officer shall voluntarily disqualify himself and withdraw from a case in which he cannot afford a fair and impartial hearing or consideration.

1. A party shall request the disqualification of a hearing officer by filing an affidavit, upon discovery of facts establishing grounds for a disqualification, stating the particular grounds upon which he claims that a fair and impartial hearing cannot be accorded.

2. The request for disqualification and the disposition of the request shall be a part of the official record of the proceeding.

3. Grounds for disqualification of a hearing officer shall include the following:

a. Participating in an ex parte communication which would prejudice the proceedings;

b. Having a pecuniary interest in the outcome of the proceeding; or

c. Having a personal bias toward a party to a proceeding which would cause a prejudgment on the outcome of the proceeding.

(f) A dispute hearing shall be conducted in Franklin County or another location agreed to by the parties.

(g) In lieu of an in-person hearing, upon request of the debtor, a hearing may be conducted by telephone or the hearing officer may conduct a review based solely upon submission of written material by both the debtor and the authority. An in-person or telephonic hearing shall be mechanically, electronically or stenographically recorded.

(h) Unless required for the disposition of an ex parte matter specifically authorized by this administrative regulation, a hearing officer shall not communicate off the record with a party to the hearing concerning a substantive issue, while the proceeding is pending.

(2)(a) The hearing officer's decision, reason therefore and an explanation of the appeal process shall be rendered in writing no more than sixty (60) days after receipt by the authority of the request for the hearing. The decision shall establish the debtor's liability, if any, for repayment of the debt and the amount to be withheld from the debtor's disposable pay.

(b) Subject to subsection (3)(b) of this section, the hearing officer's decision shall be final and conclusive pertaining to the right of the authority to issue an administrative order for the withholding of the debtor's disposable pay.

(c) A person, upon request, shall receive a copy of the official record at the cost of the requester. The party requesting a recording or transcript of the hearing shall be responsible for transcription costs. The official record of the hearing shall consist of:

1. All notices, pleadings, motions, and intermediate rulings;

2. Any prehearing order;

3. Evidence received and considered;

4. A statement of matters officially noticed;

5. Proffers of proof and objections and rulings thereon;

6. Ex parte communications placed upon the record by the hearing officer;

7. A recording or transcript of the proceedings; and

8. The hearing officer's decision or an order of the hearing officer issued pursuant to Section 3(2)(e) of this administrative regulation.

(3)(a) Following the issuance of the hearing officer's decision, the debtor or the authority may petition the board to review the decision.

(b) An adverse decision by the hearing officer shall be appealed in writing to the board not later than twenty (20) calendar days after the date of the hearing officer's decision. A petition for review of the hearing officer's decision shall be timely filed if received by the executive director within twenty (20) calendar days after the date of the hearing officer's decision. If there is no appeal to the board within twenty (20) days, the findings of the hearing officer shall be conclusive and binding upon the parties.

(c) A petition for review of the hearing officer's decision shall not stay a final order pending the outcome of the review. If the debtor's liability is established by the hearing officer's decision, an administrative order for withholding of disposable pay shall be issued by the authority within sixty (60) days after the date of the hearing officer's decision. If the debtor petitions the board to review the hearing officer's decision and obtains reversal, modification, or remand of the hearing officer's decision, the authority shall return to the debtor any money received pursuant to the withholding order contrary to the final order of the board.

(d) The respondent may, within ten (10) calendar days from the date the petition was received by the executive director, provide a brief statement to the board responding to the petition of review. The response shall be timely filed if received by the executive director within ten (10) calendar days from receipt by the executive director of the petition for review.

(e) A petition for review of the hearing officer's decision shall contain the following information:

1. A concise statement of the reason that the petitioner asserts as the basis pursuant to paragraph (g) of this subsection for reversing, modifying, or remanding the hearing officer's decision or an order of the hearing officer issued pursuant to Section 3(2)(e) of this administrative regulation;

2. A statement specifying the part of the official record that the petitioner relies upon to support reversing, modifying, or remanding the hearing officer's decision pursuant to paragraph (g) of this subsection; and

3. A statement of whether the petitioner believes that oral argument to the board is necessary.

(f) The board shall review the hearing officer's decision at its next regularly scheduled meeting convened at least thirty (30) days after the petition for review of the hearing officer's decision is received or at a special meeting convened for that purpose within ninety (90) days after receipt of the petition for review of the hearing officer's decision, whichever first occurs.

(g) The board shall decide the dispute upon the official record, unless there is fraud or misconduct involving a party, and may consider oral arguments by the debtor and the authority. The board shall:

1. Not substitute its judgment for that of the hearing officer as to the weight of the evidence on questions of fact; and

2.a. Uphold the hearing officer's decision unless it is clearly unsupported by the evidence and the applicable law;

b. Reject or modify, in whole or in part, the hearing officer's decision; or

c. Remand the matter, including an order of the hearing officer issued pursuant to Section 3(2)(e) of this administrative regulation, in whole or in part, to the hearing officer for further proceedings as appropriate if it finds the hearing officer's final order is:

(i) In violation of constitutional or statutory provisions;

(ii) In excess of the statutory authority of the agency;

(iii) Without support of substantial evidence on the whole record;

(iv) Arbitrary, capricious, or characterized by abuse of discretion; or

(v) Based on an ex parte communication which substantially prejudiced the rights of a party and likely affected the outcome of the hearing.

(h) The final order of the board shall be in writing. If the final order differs from the hearing officer's decision, it shall include separate statements of findings of fact and conclusions of law.

(4) The remedies provided in this section shall not:

(a) Preclude the use of other judicial or administrative remedies available to the authority under state or federal law; and

(b) Be construed to stay the use of another remedy.

Section 3. Hearing Procedure. (1) The debtor shall have the right to be heard by the hearing officer, be represented by counsel, present evidence, cross examine, and make both opening and closing statements.

(2)(a) Upon request of a party, the hearing officer may issue a subpoena for the production of a document or attendance of a witness.

(b)1. Not more than ten (10) business days after the date of filing the request for a hearing or a review of written material, the debtor shall submit to the counsel for the authority a written statement specifically stating the basis of dispute.

2. Not less than fifteen (15) business days prior to the hearing, the parties shall:

a. Confer and jointly stipulate the issues that are in controversy to be resolved by the hearing officer;

b. Discuss the possibility of informal resolution of the dispute;

c. Exchange a witness list of the names, addresses, and phone numbers of each witness expected to testify at the hearing and a brief summary of the testimony of each witness that the party expects to introduce into evidence; and

d. Exchange an exhibit list identifying documents to be admitted into evidence at the hearing and provide a legible copy of all exhibits.

3.a. If the debtor is unavailable or otherwise fails to confer and jointly stipulate the issues pursuant to subparagraph 2 of this paragraph, the authority shall serve upon the debtor proposed stipulation of issues. If within five (5) calendar days, the debtor fails to respond to the proposed stipulation of issues, the debtor shall be precluded from raising an additional issue not identified in the proposed stipulation of issues.

b. If the debtor is unavailable or otherwise fails to cooperate in a timely manner for the exchange of the witness or exhibit lists, the debtor shall be precluded from admitting the information as part of the evidence at the hearing.

4. The authority shall provide to the hearing officer the documentation submitted in accordance with subparagraph 1 of this paragraph and shall report to the hearing officer the results of the discussions between the parties described in subparagraphs 2 and 3 of this paragraph.

5. Additional time for compliance with the requirements of this paragraph may be granted by the hearing officer, upon request, if it does not prejudice the rights of the authority or delay the rendering of a hearing decision within the time prescribed in this subsection.

6. If the debtor requests a hearing, but the debtor's written statement and supporting documentation, considered from a viewpoint most favorable to the debtor, does not reflect a genuine issue of fact or prima facie defense to the legal enforceability of the authority's claim, the hearing officer, on petition of the authority and notice to the debtor, may enter an order dismissing the request for a hearing and authorizing issuance of the order described in Section 5 of this administrative regulation.

(c) Facts recited in the authority's notice pursuant to Section 1(3) of this administrative regulation that are not denied shall be deemed admitted. Each party shall remain under an obligation to disclose new or additional items of evidence or witnesses which may come to their attention as soon as practicable.

(d)1. Either party, without leave of the hearing officer, may depose a witness, upon reasonable notice to the witness and the opposing party, and submit to the opposing party interrogatories or request for admissions.

2. The party receiving interrogatories or request for admissions shall respond within fifteen (15) calendar days.

3. Each matter of which an admission is requested shall be deemed admitted unless, within fifteen (15) days after service of the request or a shorter or longer time that the hearing officer may allow, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter.

(e) Sufficient grounds for entry of an appropriate order by the hearing officer, including postponement, exclusion of evidence, dismissal of the appeal, quashing the withholding order, or vacating the stay, shall exist if there is:

1. Noncompliance with this subsection;

2. Failure of the authority to:

a. Timely appoint a hearing officer; or

b. Respond to a request for inspection of records; or

3. Failure of the debtor to submit information in accordance with paragraph (b) of this subsection.

(3) Order of proceeding.

(a) The hearing officer shall:

1. Convene an in-person or telephonic hearing;

2. Identify the parties to the action and the persons participating;

3. Admit into evidence the notice required by Section 1(3) of this administrative regulation and the debtor's statement and the stipulations required by subsection (2)(b)1 and 2 of this section;

4. Solicit from the parties and dispose of any objections or motions;

5. Accept into evidence any documentary evidence not objected to;

6. Solicit opening statements; and

7. Proceed with the taking of proof.

(b) The taking of proof shall commence first by the debtor and then by the authority, with opportunities for cross-examination, rebuttal, and closing statements.

(4) Rules of evidence.

(a) All testimony shall be made under oath or affirmation.

1. The hearing officer shall not admit evidence that is excludable as a violation of an individual's constitutional or statutory rights or a privilege recognized by the courts of the Commonwealth.

2. Statutes or judicial rules pertaining to the admission of evidence in a judicial proceeding shall not apply to a hearing under this section.

3. The hearing officer may receive evidence deemed reliable and relevant, including evidence that would be considered hearsay if presented in court, except that hearsay evidence shall not be sufficient in itself to support the hearing officer's decision.

4. A copy of a document shall be admissible if:

a. There is minimal authentication to establish a reasonable presumption of its genuineness and accuracy; or

b. It is admitted without objection.

5. The hearing officer may exclude evidence deemed unreliable, irrelevant, incompetent, immaterial, or unduly repetitious.

(b) An objection to an evidentiary offer may be made by any party and shall be noted in the record.

1. May take official notice of:

a. Statutes and administrative regulations;

b. Facts which are not in dispute; and

c. Generally-recognized technical or scientific facts;

2. Shall notify all parties, either before or during the hearing of a fact so noticed and its source; and

3. Shall give each party an opportunity to contest facts officially noticed.

(d) At the discretion of the hearing officer, the parties may be allowed up to fifteen (15) days following the hearing to submit written arguments or briefs.

(5) Upon request of either party, the record of the hearing shall be transcribed, and shall be available to the parties at their own expense.

(6) Burden of proof.

(a) The authority shall have the burden to establish the existence and amount of the debt.

(b) The debtor shall have the burden to establish an affirmative defense.

(c) The party with the burden of proof on an issue shall have the burden of going forward and the ultimate burden of persuasion as to that issue. The ultimate burden of persuasion shall be met by a prima facie establishment of relevant, uncontroverted facts or, if relevant facts are disputed, a preponderance of evidence in the record.

(d) Failure to meet the burden of proof shall be grounds for a summary order from the hearing officer.

Section 4. Defenses. (1) Except as provided in subsection (2) of this section, a debtor may assert a defense to the issuance of an administrative order to withhold the debtor's disposable pay, legal or equitable, pertaining to the existence or amount of the debt or the terms of a proposed repayment schedule under the garnishment order (other than a repayment schedule agreed to in writing pursuant to Section 1(3)(g) of this administrative regulation).

(2) The hearing officer shall not consider as a defense a question of law or fact that has previously been adjudicated by a court of competent jurisdiction or by an independent third-party trier of fact in an administrative proceeding involving the debtor and the authority pertaining to the existence, amount, or the debtor's liability on the particular debt in question or the terms of a prior repayment schedule.

(3) If the debtor asserts as a defense a question of law or fact that was previously raised in an administrative proceeding before the authority pursuant to 11 KAR 4:030 or 4:050, the hearing officer:

(a) Shall:

1. Consider the matter; and

2. Give deference to the prior decision by the authority in the same manner that a court would give deference in reviewing the decision of an administrative agency; and

(b) May reverse the prior decision if the debtor presents evidence that:

1. Circumstances have changed or new information is available; or

2. The prior decision:

a. Substantially disregarded or ignored the defense; or

b. Was arbitrary, capricious, not supported by the facts, or made through fraud.

(4) If the debtor asserts as a defense a claim of entitlement to discharge of the particular debt pursuant to 34 C.F.R. 682.402, except for reason of bankruptcy, but has not previously sought discharge by the authority for that specific reason, the hearing officer shall stay the hearing for a period sufficient to permit the debtor to submit documentation to the authority for a determination of eligibility for entitlement to the discharge. At the expiration of the period of stay, the hearing officer shall review the circumstances and:

(a) Uphold the right of the authority to issue an order of wage withholding if the debtor has failed to submit documentation to the authority for review of entitlement to discharge;

(b) Dismiss the request for hearing if the debtor has submitted documentation and the authority has approved discharge of the debt; or

(c) Proceed with the hearing if the debtor submitted documentation and the authority denied discharge, except that the hearing officer shall consider the defense of entitlement to discharge in accordance with subsection (3) of this section.

(5) If the debtor asserts as a defense a claim that the debt was dischargeable in a previous bankruptcy pursuant to 11 U.S.C. 523(a)(8), but the debtor did not previously seek discharge by the bankruptcy court, the hearing officer shall stay the hearing for a period sufficient to permit the debtor to reopen the bankruptcy case. At the expiration of the period of stay, the hearing officer shall review the circumstances and:

(a) Uphold the right of the authority to issue an order of wage withholding if the debtor has failed to obtain the bankruptcy court's permission to reopen the bankruptcy case to seek discharge of the particular debt; or

(b) Dismiss the request for hearing if the bankruptcy court has reopened the bankruptcy case to consider discharge of the particular debt.

(6)(a) If the debtor asserts as a defense a claim that withholding of his disposable pay would constitute an extreme financial hardship, the debtor shall submit documentation of all available resources and actual expenses and shall have the burden of demonstrating the necessity of actual expenses.

(b) The hearing officer shall compare the debtor's available resources and the necessary expenses and current debt obligations of the debtor and debtor's dependents. The hearing officer shall determine that extreme financial hardship exists if the debtor currently is not able to provide at least minimal subsistence for the debtor and debtor's dependents that could be claimed on a federal income tax return. The hearing officer shall consider as available resources of the debtor income of the debtor, the debtor's spouse, and debtor's dependents from all sources, including nontaxable income and government benefits, expenses paid on behalf of the debtor by another person, and the cash value of any current liquid assets, such as bank accounts and investments. The hearing officer shall consider the claim of extreme financial hardship in accordance with the presumptions established in this paragraph.

1. Withholding of an amount of disposable pay shall constitute an extreme financial hardship if:

a. The debtor resides in the District of Columbia or a state other than Alaska or Hawaii and the debtor's available resources do not exceed the applicable poverty guideline, multiplied by 125 percent, based on the debtor's family size:

Size of family unit	Poverty guideline
1	$11,170
2	$15,130
3	$19,090
4	$23,050
5	$27,010
6	$30,970
7	$34,930
8	$38,890
Each additional person	Add $3,960

b. The debtor resides in Alaska and the debtor's available resources do not exceed the applicable poverty guideline, multiplied by 125 percent, based on the debtor's family size:

Size of family unit	Poverty guideline
1	$13,970
2	$18,920
3	$23,870
4	$28,820
5	$33,770
6	$38,720
7	$43,670
8	$48,620
Each additional person	Add $4,950

c. The debtor resides in Hawaii and the debtor's available resources do not exceed the applicable poverty guideline, multiplied by 125 percent, based on the debtor's family size:

Size of family unit	Poverty guideline
1	$12,860
2	$17,410
3	$21,960
4	$26,510
5	$31,060
6	$35,610
7	$40,160
8	$44,710
Each additional person	Add $4,550

2.a. If the debtor resides in Connecticut, Maine, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, or Vermont, except for a metropolitan area listed in clause b of this subparagraph, actual annual expenditures by the debtor's family that exceed the applicable amount for a category, based on the debtor's available resources, shall be presumed unnecessary:

Debtor’s Available Resources	Less than $5,000	$5,000 to $9,999	$10,000 to $14,999	$15,000 to $19,999	$20,000 to $29,999	$30,000 to $39,999	$40,000 to $49,999	$50,000 to $69,999	$70,000 and over
Annual Expenditures
Owned dwellings	1,519	1,162	1,665	2,662	3,358	4,539	4,879	7,389	13,313
Rented dwellings	5,046	3,704	3,854	3,915	3,771	4,006	4,246	3,979	2,795
Other lodging	190	66	147	198	379	301	392	690	1,613
Utilities, fuels, and public services	1,715	1,953	2,100	2,783	3,183	3,553	3,760	4,149	5,473
Household operations	286	395	335	403	755	694	684	804	2,068
Housekeeping and miscellaneous supplies	294	269	285	363	417	387	603	566	978
Household furnishings and equipment	566	400	376	726	750	972	1,127	1,324`	2,631
Vehicle purchases (net outlay)	520	681	165	986	1,370	2,011	3,045	1,977	4,259
Gasoline and motor oil	647	603	570	838	1,143	1,459	1,844	1,961	2,766
Vehicle maintenance and repairs	118	305	247	420	374	555	711	809	1,282
Vehicle insurance	875	596	359	693	851	1,106	632	1,666	1,638
Vehicle rental, lease, license and other charges	138	114	103	207	249	325	342	547	1,199
Public transportation	205	181	238	315	337	437	469	640	1,209

b. If the debtor resides in one (1) of the following metropolitan areas, actual annual expenditures by the debtor's family that exceed the applicable amount for a category shall be presumed unnecessary:

	New York	Philadelphia	Boston
Owned dwellings	9,086	8,209	8,233
Rented dwellings	5,340	3,095	3,639
Other lodging	896	964	994
Utilities, fuels, and public services	4,323	4,316	4,177
Household operations	1,454	1,013	1,540
Housekeeping and miscellaneous supplies	623	642	631
Household furnishings and equipment	1,518	1,451	1,745
Vehicle purchases (net outlay)	2,098	1,788	3,324
Gasoline and motor oil	1,741	1,802	2,056
Other vehicle expenses (repairs, insurance, lease, license, and other charges)	3,029	2,746	3,061
Public transportation	1,076	624	666

3.a. If the debtor resides in Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio, South Dakota, or Wisconsin, except for a metropolitan area listed in clause b of this subparagraph, actual annual expenditures by the debtor's family that exceed the applicable amount for a category, based on the debtor's available resources, shall be presumed unnecessary:

Debtor’s Available Resources	Less than $5,000	$5,000 to $9,999	$10,000 to $14,999	$15,000 to $19,999	$20,000 to $29,999	$30,000 to $39,999	$40,000 to $49,999		$50,000 to $69,999	$70, 000 and over
Annual Expenditures
Owned dwelling	1,301	1,195	1,733	2,253	3,080	4,311		5,139	6,839	10,987
Rented dwellings	2,815	2,851	2,906	2,810	2,629	2,348		1,978	1,698	1,022
Other lodging	241	192	129	199	268	282		331	540	1,452
Utilities, fuels and public services	1,450	1,704	2,104	2,468	2,993	3,255		3,464	3,762	4,558
Household operations	257	220	286	364	381	507		612	788	1,592
Housekeeping and miscellaneous supplies	301	293	365	396	517	453		577	624	1,046
Household furnishings and equipment	538	449	488	531	808	896		1,134	1,465	2,548
Vehicle purchases (net outlay)	474	753	425	702	1,249	2,248		2,120	3,172	4,898
Gasoline and motor oil	859	845	889	1,075	1,491	1,769		2,044	2,356	2,980
Vehicle maintenance and repairs	214	236	333	482	551	587		768	782	1,162
Vehicle insurance	291	250	374	499	655	739		944	845	1,484
Vehicle lease, license, and other charges	138	141	118	172	273	302		371	435	782
Public transportation	89	173	123	209	189	213		206	349	903

	Chicago	Detroit	Minneapolis St. Paul	Cleveland
Owned dwelling	9,404	6,664	7,846	5,323
Rented dwelling	2,760	2,230	2,343	2,482
Other lodging	1,054	771	856	532
Utilities, fuels, and public services	3,969	3,911	3,336	3,680
Household operations	1,075	958	1,187	647
Housekeeping and miscellaneous supplies	676	618	754	626
Household furnishings and equipment	1,598	1,336	1,968	1,430
Vehicle purchases (net outlay)	3,025	3,414	2,173	2,032
Gasoline and motor oil	2,157	2,212	2,134	1,706
Other vehicle expenses (repairs, insurance, lease, license, and other charges)	2,637	3,440	2,522	2,774
Public transportation	843	394	652	418

4.a. If the debtor resides in Alabama, Arkansas, Delaware, District of Columbia, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, or West Virginia, except for a metropolitan area listed in clause b of this subparagraph, actual annual expenditures by the debtor's family that exceed the applicable amount for a category, based on the debtor's available resources, shall be presumed unnecessary:

Debtor’s Available Resources	Less than $5,000	$5,000 to $9,999	$10,000 to $14,999	$15,000 to $19,999	$20,000 to $29,999	$30,000 to $39,999	$40,000 to $49,999	$50,000 to $69,999	$70,000 and over
Owned dwelling	1,785	1,180	1,710	2,072	2,380	3,547	4,481	5,383	10,993
Rented dwelling	2,632	2,516	2,586	2,668	2,870	2,655	2,967	2,406	1,541
Other lodging	88	162	97	95	184	222	254	448	1,364
Utilities, fuels, and other charges	2,256	2,308	2,590	3,058	3,258	3,448	3,627	4,102	5,034
Household operations	335	255	360	452	501	638	759	944	1,856
Housekeeping and miscellaneous supplies	298	352	367	373	440	505	507	621	1,028
Household furnishings and equipment	506	555	475	745	755	1,076	1,073	1,340	2,795
Vehicle purchases (net outlay)	788	505	770	1,175	1,476	2,170	2,124	2,592	5,144
Gasoline and motor oil	1,051	827	1,103	1,410	1,658	1,955	2,181	2,520	3,135
Vehicle maintenance and repairs	279	283	308	396	470	632	602	722	1,105
Vehicle insurance	361	449	512	761	724	1,171	1,053	1,167	1,517
Vehicle lease, license, and other charges	122	82	94	124	132	176	230	274	592
Public transportation	91	84	69	101	141	153	193	244	752

	Washington, D.C.	Baltimore	Atlanta	Miami	Dallas Forth Worth	Houston
Owned dwelling	10,630	9,147	7,445	6,967	6,336	7,499
Rented dwelling	4,447	3,137	2,990	4,372	3,338	2,793
Other lodging	1,321	1,009	415	935	508	612
Utilities, fuels, and public services	4,103	4,276	4,078	3,737	4,346	4,539
Household operations	1,769	930	1,142	928	1,204	1,494
Housekeeping and miscellaneous supplies	791	613	743	452	704	618
Household furnishings and equipment	2,366	1,530	1,120	1,016	1,744	1,770
Vehicle purchases (net outlay)	3,363	1,937	2,330	1,585	2,257	3,351
Gasoline and motor oil	2,139	2,123	2,249	2,149	2,452	2,471
Other vehicle expenses (repairs, insurance, lease, license, and other charges)	3,411	2,036	2,148	2,419	2,905	3,058
Public transportation	1,155	471	438	417	403	531

5.a. If the debtor resides in Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, or Wyoming, except for a metropolitan area listed in clause b of this paragraph, actual annual expenditures by the debtor's family that exceed the applicable amount for a category, based on the debtor's available resources, shall be presumed unnecessary:

Debtor’s Available Resources	Less than $5,000	$5,000 to $9,999	$10,000 to $14,999	$15,000 to $19,999	$20,000 to $29,999	$30,000 to $39,999	$40,000 to $49,999	$50,000 to $69,999	$70,000 and over
Annual Expenditures
Owned dwelling	4,522	1,434	2,178	2,238	3,281	4,075	5,140	7.018	13,565
Rented dwelling	3,222	4,942	4,340	4,665	4,599	4,686	4,617	4,377	3,318
Other lodging	388	108	89	159	198	259	340	544	1,426
Utilities, fuels, and public services	2,046	1,555	1,852	2,286	2,541	2,881	3,195	3,554	4,447
Household operations	851	321	501	861	604	617	748	953	2,024
Housekeeping and miscellaneous supplies	343	259	380	375	481	470	526	624	909
Household furnishings and equipment	760	628	777	785	664	1,050	1,052	1,510	2,773
Vehicle purchases (net outlay)	1,277	266	823	605	1,402	2,012	1,697	2,399	4,419
Gasoline and motor oil	927	1,038	997	1,149	1,497	1,741	2,004	2,377	2,915
Vehicle maintenance and repairs	453	370	351	561	494	583	860	890	1,319
Vehicle insurance	76	69	625	658	587	1,087	906	1,338	1,279
Vehicle lease, license, and other charges	227	164	178	221	234	350	465	473	859
Public transportation	353	134	201	272	252	366	370	553	1,186

	Los Angeles	San Francisco	San Diego	Seattle	Phoenix
Owned dwelling	7,433	11,194	7,877	8,530	6,215
Rented dwelling	6,070	6,573	6,989	3,754	2,718
Other lodging	623	1,423	439	1,168	543
Utilities, fuels, and public services	3,049	3,207	3,114	3,611	3,742
Household operations	1,325	1,498	1,352	1,836	1,005
Housekeeping and miscellaneous supplies	597	611	547	637	759
Household furnishings and equipment	1,487	1,762	1,362	2,089	1,499
Vehicle purchases (net outlay)	2,260	2,457	1,819	4,463	2,561
Gasoline and motor oil	2,334	1,931	2,246	2,046	2,202
Other vehicle expenses (repairs, insurance, lease, license, and other charges)	3,339	3.058	2,461	2,443	2,828
Public transportation	608	1,062	438	1,102	417

6. If the debtor is the only member of the household, actual annual expenditures by the debtor's family that exceed the applicable amount for a category, based on the debtor's available resources, shall be presumed unnecessary:

Debtor’s Available Resources	Less than $5,000	$5,000 to $9,999	$10,000 to $14,999	$15,000 to $19,999	$20,000 to $29,999	$30,000 to $39,999	$40,000 to $49,999	$50,000 to $69,999	$70,000 and over
Food	2,615	2,430	2,640	2,613	2,897	3,286	4,154	4,557	6,481
Apparel	546	484	712	576	718	762	1,092	1,087	2,202
Health insurance	513	574	1,103	1,418	1,320	1,353	1,213	1,306	1,601
Medical services	282	132	273	357	472	483	550	584	916
Prescription drugs	152	157	334	443	380	400	369	247	377
Medical supplies	49	33	47	75	74	91	67	82	136
Personal care products and services	192	217	234	272	304	343	438	564	691
Education	1,189	742	374	311	403	587	193	614	813
Life and other personal insurance	69	55	93	109	89	119	130	194	371

7. If the debtor's household consists of two (2) persons, actual annual expenditures by the debtor's family that exceed the applicable amount for a category, based on the debtor's available resources, shall be presumed unnecessary:

Debtor’s Available Resources	Less than $5,000	$5,000 to $9,999	$10,000 to $14,999	$15,000 to $19,999			$20,000 to $29,999	$30,000 to $39,999	$40,000 to $49,999	$50,000 to $69,999		$70,000 and over
Annual Expenditures
Food	5,286	4,176	4,640		4,445	5.038		5,607	5,912		6,798	9,922
Apparel	1,046	1,633	1,041		1,104	1,354		1,485	1,454		1,700	2,934
Health insurance	1,062	856	895		1,023	1,682		1,890	1,947		2,206	2,511
Medical services	579	205	337		336	536		556	593		815	1,225
Prescription Drugs	288	188	393		360	491		481	565		547	642
Medical supplies	73	39	51		78	91		99	108		134	192
Personal care products and services	371	309	301		357	431		470	495		574	1,006
Education	1,233	589	518		323	318		466	558		679	2,392
Life and other personal insurance	164	101	99		135	144		220	236		305	646

8. If the debtor’s household consists of three (3) persons, actual annual expenditures by the debtor’s family that exceed the applicable amount for a category, based on the debtor’s available resources, shall be presumed unnecessary:

Debtor’s Available Resources	Less than $5,000	$5,000 to $9,999	$10,000 to $14,999	$15,000 to $19,999	$20,000 to $29,999	$30,000 to $39,999	$40,000 to $49,999	$50,000 to $69,999	$70,000 and over
Food	5,441	4,077	4,692	4,364	5,252	5,897	6,115	7.058	9,531
Apparel	1,205	2,632	1,014	1,146	1,656	1,859	1,470	1,896	2,632
Health insurance	646	547	433	523	991	1,555	1,578	2,107	2,574
Medical services	255	191	133	166	525	509	463	728	1,199
Prescription drugs	181	137	257	203	313	436	401	512	636
Medical supplies	30	52	39	68	69	73	99	129	194
Personal care products and services	291	375	353	327	510	589	516	651	994
Education	304	1,047	253	287	339	598	735	841	2,842
Life and other personal insurance	73	94	70	106	150	212	228	293	698

9. If the debtor’s household consists of four (4) persons, actual annual expenditures by the debtor’s family that exceed the applicable amount for a category, based on the debtor’s available resources, shall be presumed unnecessary:

Debtor’s Available Resources	Less than $10,000	$10,000 to $14,999	$15,000 to $19,999	$20,000 to $29,999	$30,000 to $39,999	$40,000 to $49,999	$50,000 to $69,999	$70,000 and over
Food	5,320	5,568	5,911	5,730	6,479	6,642	7,143	11,136
Apparel	2,234	1,202	2,148	1,695	1,705	1,819	2.038	3,236
Health insurance	716	313	488	730	1,356	1,444	1,891	2,394
Medical services	255	741	208	330	443	479	707	1,259
Prescription drugs	113	192	295	204	268	321	349	584
Medical supplies	36	94	8	51	116	73	85	173
Personal care products and services	530	320	286	379	464	479	518	1,098
Education	2,301	508	133	491	345	668	826	3,017
Life and other personal insurance	49	50	116	83	155	161	275	598

10. If the debtor's household consists of five (5) or more persons, actual annual expenditures by the debtor's family that exceed the applicable amount for a category, based on the debtor's available resources, shall be presumed unnecessary:

Debtor’s Available Resources	Less than $10,000	$10,000 to $14,999	$15,000 to $19,999	$20,000 to $29,999	$30,000 to $39,999	$40,000 to $49,999	$50,000 to $69,999	$70,000 and over
Food	7,448	6,536	7,364	7,007	7,061	7,526	8,919	11,747
Apparel	2,236	1,482	1,888	2,407	2,063	2,210	2,185	3,305
Health insurance	821	362	525	463	1,036	1,284	1,606	2,357
Medical services	687	278	194	302	357	602	694	1,202
Prescription drugs	278	97	253	233	251	326	375	559
Medical supplies	50	19	35	39	58	82	101	190
Personal care products and services	367	248	521	541	386	532	552	951
Education	1,175	239	465	296	622	580	786	2,953
Life and other personal insurance	122	22	81	59	136	242	209	636