Met with Attorney today, but still confused???

[BD33]

I met with my 2nd attorney today and I am still struggling with the "Number in Household". My girlfriend lives with me and pays Half the rent each month. She writes me a check, I deposit it, then I write the main check to the landlord out of my account. Neither attorney has said whether or not on the means test to put 1 or 2 in household. I have used the online means test calculator, if I do 1 then add the contribution from her, I am over median income. If I put 2 and her contribution, I am under, still do not know what to put. Both had said I should have no problem filing a 7, but haven't got a straight answer on the number of household.
This concerns me.

Thank You,

[JRScott]

Well I found to articles:

http://www.************************/...-my-household/

http://www.************************/...ousehold-size/

By the first you wouldn't since the Trustees are told to follow IRS guidelines.

However the later article 2 months later cites a case in which a Judge applied the household size to the broader Census definition of a household. The court case cited in the second one is from the state of MN.

So I'm not exactly sure what to tell you

[BD33]

I liked those articles, seems like alot of people run into this. I believe the correct answer would be Household size one and add anything that is contibuted. One of the things happening in my situation is, my girlfriend has been helping on the rent, but her job is now taking more money out. She is in outside sales and the GAS Bill is killing her! Her gas bill has Doubled in the last three months, leaving less and less to give. With that, I had little left over to begin with. So I will file Ch.7 due to a Foreclosure I am involved with a business partner on and all the debt I have is due to that, material, labor and trying to keep up the payments.
The thing I wonder about is the past bank statements, she has given me up to half the rent in the past, until this month and from now on. Do I have to put that down as contribution? Even though it has stopped as of this month?

Thank you

[JRScott]

I"d ask your lawyer . I would just put what she will be putting going forward I think, but check with lawyer.

[BD33]

Unfortunatley, the 2 lawyers have not been much help, that is why I am back on here.

[PoorGrammyinBK7]

I liked those articles, seems like alot of people run into this. I believe the correct answer would be Household size one and add anything that is contibuted. One of the things happening in my situation is, my girlfriend has been helping on the rent, but her job is now taking more money out. She is in outside sales and the GAS Bill is killing her! Her gas bill has Doubled in the last three months, leaving less and less to give. With that, I had little left over to begin with. So I will file Ch.7 due to a Foreclosure I am involved with a business partner on and all the debt I have is due to that, material, labor and trying to keep up the payments. The thing I wonder about is the past bank statements, she has given me up to half the rent in the past, until this month and from now on. Do I have to put that down as contribution? Even though it has stopped as of this month?

Thank you

Is your business debt more than 50% of your total debt? If so, I don't think you have to do the means test.

[BD33]

My debt would be considered consumer debt. I took the Means Test several times online and it keeps showing i have $785.00 of disposable income. That is so wrong! I have less than $100 left over every month. They do not take out for taxes. they use the Gross Wages and deduct the IRS deductions. That isn't remotely close to my situation. It keeps failing me, so I am unsure what to do now. Both lawyers said I should have no problem with filing a 7, but neither one did a means test on me either. I do not know what to do?

[Joe Farmer]

Have your girlfriend move out, take a vacation.

Tell her to come back after your 341!!!

[BD33]

The thing I am curious about is How would anyone know she lives with me? The only thing she has ever given me is half of the rent , a couple times paid in cash, others by a personal check and that is stopping this month due to the gas prices. My name is on everything to do with the house and we rent from a lady who lives 900 miles away. This truly is the only part of this test I cant get a straight answer.