Living Situation

[RedToBlack]

I plan to ask this of my attorney tomorrow, but everyone here has been so full of great advice I thought I would turn here first.

I quit my job so that I can move across the state and be closer to family and friends. Without a job and no savings (what little I have is going towards attorney fees) I can't get a place on my own.

The plan is for me to move into my boyfriends house. I will be breaking a lease in the process of all this and would like to include that debt on the bankruptcy. Don't want to start new and have debt all over again.

What will happen if I move into my boyfriends house before filing bankruptcy? Will I have to count his income. Best case scenario I would stay in my current place until the bankruptcy got filed, but I would have to get out before the 341 meeting.

I would really just be a mooch, he won't be responsible for any of my personal debts. He makes well above median income for the state, but also has a lot of expenses.

[bcohen]

Assuming that your relationship with your boyfriend is stable enough that you can depend on being together for the long haul, moving in together is a good idea to cut costs. Bankruptcy will allow you to discharge all of your consumer debts, as well as reject your current lease.

That being said, I am not sure that filing for bankruptcy at this time is a good idea. Since you are not working and have no wages or property to protect, it is not clear what benefit you would receive by filing now. Even if you become employed in the future, as long as your income is below the median for your state, you could file for bankruptcy at that time. Also, when you are living with someone else, but not married, you do not have to include the other person's income for means testing purposes.

[RedToBlack]

Assuming that your relationship with your boyfriend is stable enough that you can depend on being together for the long haul, moving in together is a good idea to cut costs. Bankruptcy will allow you to discharge all of your consumer debts, as well as reject your current lease.

That being said, I am not sure that filing for bankruptcy at this time is a good idea. Since you are not working and have no wages or property to protect, it is not clear what benefit you would receive by filing now. Even if you become employed in the future, as long as your income is below the median for your state, you could file for bankruptcy at that time. Also, when you are living with someone else, but not married, you do not have to include the other person's income for means testing purposes.

I have to file now while temporarily unemployed to qualify for the means test. With employment I'm almost guaranteed to be above median. I don't want to be forced into a chapter 13. I also would like to get the debts taken care of before garnishments and other nasty things start.