co-owners and joint filing -chap 7 .

[ghk3rd]

My son-in law,daughter and I are joint owners on our residence . We are all snowed under by debt . How would three people divide the mortgage payment in a bankruptcy case ? I pay most of it and have receipts for my payments. Can I use it all in means test or must it be pro rated among all debtors ?

Is there any way all three of us could file jointly -individually we all meet means test ?

[JRScott]

Well your son in law and daughter could file jointly obviously but not all three of you.

If you have paid the majority you probably could do it on your form using the full amount, however keep in mind on the means test you have to show the funds they use to support the household expenses.

You all three might do well to go and sit down with 3-5 lawyers and get advice on how to proceed in your unusual circumstance. I'd try a free consultation at first.