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Married filing individually- property question (household)

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  • Married filing individually- property question (household)

    Getting ready to file Chapter 7 individually (Pro Se). However, I live with my wife and her two adult children. When I fill out the paperwokr for household goods (tvs, clothing, furniture, etc), do I need to list EVERYTHING in the house (i.e. her son has a tv in his room, or a laptop), or, just belongings are are personally mine? This will be in the Eastern District of Pa. Thanks in advance for any help or advice you can give.

  • #2
    You only list property that you own personally since you are the only person filing. As for your household size, that could be questioned but you can certainly include your spouse and any adult living at home who is in school (college included). I had no issue with an adult child who as in college. Albeit the Trustee wanted to know when they would graduate and I responded, deadpan, "don't we all want to know!"

    I hope that you have a guidebook or are using any Pro Bono or Pro Se clinics held by your District.

    Please be aware that any income from any of the dependents must be declared when it offsets one of your living expenses. For example, if your spouse works and contributes to the cost of your accommodations, then that must be offset. It will work the same if the dependents contribute to the maintenance and bills of the residence.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog


    I am not an attorney. Any advice provided is not legal advice.

    Comment


    • #3
      Thanks, just broke. Neither child is in school, and 1 has no income, and the other receives ssi (mental retardation). My wife is also disabled, and receives ssdi. Any thoughts on if/how that would affect the bankruptcy filing?

      Comment


      • #4
        Since you are going to file a Chapter 7, then it shouldn't matter too much since you have (documented) medical issues. Any SSDI/SSI or any other social security related income isn't used on the Means Test so you should be good. I would find out if your local bankruptcy court hosts a Pro Bono or Pro Se clinic. You should have everything reviewed before filing just to make sure there are no special issues specific to your District.

        You'll probably be able to avoid Part 2 of the Means Test altogether since the supplemental income and disability income will not count in the calculations.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog


        I am not an attorney. Any advice provided is not legal advice.

        Comment


        • #5
          Thank you, justbroke. I appreciate your advice.

          Comment

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