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    Is this something to worry about?

    Signed my petition today to file and should be filed by tomorrow and glad to finally get that part over with. I noticed on my means test that household was 3 with one dependent (spouse). I questioned my paralegal who helped fill out my paperwork and she said because my brother lives with me that it's fine to list him in total household. I didn't think I could put him in since I don't claim him for tax reasons but having 3 household did help me on the means test. She told me I'm overanalyzing it and not to worry, is she correct on this? If asked, there are utilities in my brothers name so proof is no problem.
    Retained lawyer: 3/30/10
    Filed Ch. 7: 4/07/10
    341 Meeting: 5/19/10
    Discharged: 7/26/10

    #2
    Originally posted by OutofTime View Post
    Signed my petition today to file and should be filed by tomorrow and glad to finally get that part over with. I noticed on my means test that household was 3 with one dependent (spouse). I questioned my paralegal who helped fill out my paperwork and she said because my brother lives with me that it's fine to list him in total household. I didn't think I could put him in since I don't claim him for tax reasons but having 3 household did help me on the means test. She told me I'm overanalyzing it and not to worry, is she correct on this? If asked, there are utilities in my brothers name so proof is no problem.
    Did your attorney also include your brothers contribution to the household in your household income?
    Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
    I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

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      #3
      Originally posted by newbie2 View Post
      Did your attorney also include your brothers contribution to the household in your household income?
      his contribution wasn't calculated in the overall household income because he doesn't really give me much cept help with utilities ($200 @ most) which if included, I'd still pass means test.
      Retained lawyer: 3/30/10
      Filed Ch. 7: 4/07/10
      341 Meeting: 5/19/10
      Discharged: 7/26/10

      Comment


        #4
        Originally posted by OutofTime View Post
        his contribution wasn't calculated in the overall household income because he doesn't really give me much cept help with utilities ($200 @ most) which if included, I'd still pass means test.
        Then I'm confused as to why your attorney would include him as part of your household for the means test. Perhaps though in your district it is acceptable. In mine it surely isn't (unless you claim them on your tax return as a dependant). I know there are exceptions for the elderly and their expenses, but that doesn't sound like the case here. As I said though, each district varies in the practices and norms. I'm sure your attorney knows what is acceptable.
        Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
        I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

        Comment


          #5
          All members of the household are included for calculating revenue and expenses, whether it is brother, sister, roommate, girlfriend, etc.

          It has absolutely nothing to do with how you claim your dependents on your tax return.

          The harder part is calculating the correct household revenue and expense for the BK filer. I'll let someone else give advice on how that is done. Or do a search. It has been discussed alot.
          Wife Laid off - 11/16/2009 Missed First Payments - 12/5/2009
          Filed Chap 7 - 12/31/2009
          341 - 2/12/2010
          Discharged - 4/19/2010

          Comment


            #6
            Roomate as dependent?

            I know this is an older thread, but I was wondering about this. I have a roommate/renter in my basement. I included the amount she pays in rent, but did not include her as a member of the household (although I did on the census form). Can I include her as a member of the household (which with my son and I would bring the number to 3)?

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