Chapter 7 Monthly Expenses..Living with family

[krs130]

Hello,

I am getting ready to file chapter 7 and money of course has been very tight, in fact barely enough to survive cause of fees and having to repair my truck with new engine. I am currently living with family and fall under the means test but do not have rent etc expenses.

My question is this. I hope that after this all occurs I will be living again on my own as my family does not want me forever..lol..with that said...Not having current living expenses..Can I file with the projected living expenses for my living area without having them.....Since the sheet says..projected expenses...with they allow me to forecast typical expenses...?

thanks for any advice?

[music12]

family isn't required to let you live rent-free, certainly not for the purpose of financing your creditors... set a reasonable rent for where you are staying as though it was with strangers and not family. a good reference point is the bankruptcy standard rent expenses for your area. that rent is an expense.

you could also list your family as creditors, with the debt being rent for staying with them for the past however-many-months it has been.

[lrprn]

When you file Ch 7, your financial estate is set on filing day. The "projected expenses" refer to current expenses you have. You can't say that after you file, *then* you'll have these expenses. Sorry....bankruptcy just doesn't work that way.

[music12]

i disagree with lrprn based on schedules I and J: both forms have a question about "reasonably anticipated" increase or decrease in expenditures/income. you'd put the anticipated rent you'd pay once you get your own place as an answer to those questions.

this is probably better than my previous suggestion...

[justbroke]

My question is this. I hope that after this all occurs I will be living again on my own as my family does not want me forever..lol..with that said...Not having current living expenses..Can I file with the projected living expenses for my living area without having them.....Since the sheet says..projected expenses...with they allow me to forecast typical expenses...?

This answer seems to vary by which District you are in.

Some Districts allow you to take at least the IRS allowance for living expenses even if you live with someone. (I don't have a cite handy, but read this recently.) Others believe that you have no expense, so should put $0.00 in the appropriate expense areas.

Now, having wrote that, you could put on Schedule J your "projected" housing expense. I wouldn't get any fancier than the IRS Standard (I assume for a single person in your State/County or residence).

Of course, attorneys with experience in your particular District will know a lot more than I do.