roommate question

[backtoschool]

I think our right but wrong to, just because you live with someone and do not pay rent does not mean you do not have money to pay people. If you make 800 a month and pay out 780 a month in other bills then you have no money. I would think you can claim what you pay and be done with it.

You can claim any legitimate expense you pay. But you also have to claim unpaid rent as income, and count your roomate's contribution to basic expenses (ie rent, utilities and food, etc) as income.

[bigtim6656]

SO your telling me your paying 500 a month in rent, you pay half your roommate pays half and you claim 250 for an expense but claim their 250 as income Does not make sense. No claiming the full 500 as rent then the roommates 250 as income would make a little sense.

Where in the law does it say what your saying? How is someone else in your house paying the landlord make you have income???????????

You can claim any legitimate expense you pay. But you also have to claim unpaid rent as income, and count your roomate's contribution to basic expenses (ie rent, utilities and food, etc) as income.

[backtoschool]

SO your telling me your paying 500 a month in rent, you pay half your roommate pays half and you claim 250 for an expense but claim their 250 as income Does not make sense. No claiming the full 500 as rent then the roommates 250 as income would make a little sense.

Where in the law does it say what your saying? How is someone else in your house paying the landlord make you have income???????????

No that is not what I am saying. I was answering a poster who is paying no rent and her roommate is paying all the rent and makes 100k a year. Different scenario.

[Beeheery]

Hi Back,
I have next to NO expenses but also have almost ZERO income. I don't have a job and have been unemployed for 3 years. It's not like I am making even 10K a year-I'd be surprised if I made even 5. So I am not trying to use all my roommates expenses but minus his income. I just don't want to include anything about him, his expenses etc. Even with me having no rent to pay, no utilities, I still don't have nearly enough to pay any of my creditors. I don't even have enough for health insurance. So my issue is no expenses but also no income. How the courts can say I do not qualify to file is crazy. I was just going to wait it out since I am technically judgment proof but i am being sued left and right and will have a ton of judgments to vacate post-BK and i dont have the time or $ to do that.

[bigtim6656]

I think your fine leaving your roommate out of it. Though check with your lawyer first. I see no reason why it should be included.

Hi Back,
I have next to NO expenses but also have almost ZERO income. I don't have a job and have been unemployed for 3 years. It's not like I am making even 10K a year-I'd be surprised if I made even 5. So I am not trying to use all my roommates expenses but minus his income. I just don't want to include anything about him, his expenses etc. Even with me having no rent to pay, no utilities, I still don't have nearly enough to pay any of my creditors. I don't even have enough for health insurance. So my issue is no expenses but also no income. How the courts can say I do not qualify to file is crazy. I was just going to wait it out since I am technically judgment proof but i am being sued left and right and will have a ton of judgments to vacate post-BK and i dont have the time or $ to do that.

[Beeheery]

Hi Big- I spoke with several different lawyers (5) who told me I do not qualify to file based on HIS income. Even though I told them I had no job, no income of my own (aside from selling odds/ends online) and that I could be kicked out at any time (not that he would do that), they said his $ is my $. Even though he gives me none. He just doesn't charge me. I am actually going to call a few different ones in a different part of FL on Monday. I'll let you know if I hear anything different. Thanks for responding.

[Beeheery]

I was wondering if I HAVE to include HIS income (which would mean having to include HIS expenses as well), if him making bigger payments on his student loans and his own cc debt would make me then eligible to file Ch. 7. He has a TON of student loans as well as various cc debt oh his own. He has been paying the minimum on each for the most part but if he started making really really big payments on them and it made his expenses almost as much as his income, would this get me out of this confusing situation? Just a thought.

[bigtim6656]

Now if he wants to file and qualifies, I see no issue, though I wonder if your can file together. I guess you could always tell the lawyer your "friends"lol. I honestly can not believe they count it.

I live with my parents and my lawyer never said a word about their income to me. Though they own the house and I pay them rent. I would also think if they count his income they would count his expenses and if what you say is true with no extra money you should both or just you qualify again.

[Beeheery]

He isn't filing bankruptcy-he doesn't have any debt issues. I only want to file as my debt was incurred before we were ever roommates and it isn't his responsibility at all. His credit is perfect. Mine....not so much.

[backtoschool]

Now if he wants to file and qualifies, I see no issue, though I wonder if your can file together. I guess you could always tell the lawyer your "friends"lol. I honestly can not believe they count it.

I live with my parents and my lawyer never said a word about their income to me. Though they own the house and I pay them rent. I would also think if they count his income they would count his expenses and if what you say is true with no extra money you should both or just you qualify again.

The key here is that you pay them rent. That is a completely different scenario. Both income and expenses of roommates need to be listed if they are contributing to the filer's budget in any way as they are in Beeheery's case.

[bigtim6656]

I see, did not realize the diff. Lucky me I guess dad makes 50k a year and I would be ohh so screwed

The key here is that you pay them rent. That is a completely different scenario. Both income and expenses of roommates need to be listed if they are contributing to the filer's budget in any way as they are in Beeheery's case.

[tcreegan]

no income no expenses needed

Hey beeheery,

Just a thought, if you have next to nothing in income, why do you need expenses? If you are under-median income you don't have to put down expenses on the means-test. And w/ schedule I & J you can put down "forward looking" expenses....what you would have for expenses post-BK. With diddly squat for income, normal living (eating, vehicle, toilet paper) will be enough expense to give you a neg. DMI

You do not have to include your roommate just for expenses.
You don't have to include him b/c he is not your dependent.
Don't include him.

Unless you have had some income in the last 6 months to put you over your states median income....file away.

Tom in Colo

[backtoschool]

Hey beeheery,

Just a thought, if you have next to nothing in income, why do you need expenses? If you are under-median income you don't have to put down expenses on the means-test. And w/ schedule I & J you can put down "forward looking" expenses....what you would have for expenses post-BK. With diddly squat for income, normal living (eating, vehicle, toilet paper) will be enough expense to give you a neg. DMI

You do not have to include your roommate just for expenses.
You don't have to include him b/c he is not your dependent.
Don't include him.

Unless you have had some income in the last 6 months to put you over your states median income....file away.

Tom in Colo

This is simply not the case Tom. If beeheery's roomate makes 100k, and pays all her expenses, including expensive rent, food, car, clothing, etc, then all of that money counts as income for beeheery and beeheery may not pass the means test. All of the roomate's income and expenses will be counted towards the means test as well, so that would put beeheery over the means test if the roommate makes 100k.

Beeheery is the dependent, not the other way around. And because Beeheery is the dependent, the roommate's income and expenses need to be included.

[tcreegan]

who is the dependent

ahhhh.....good one BacktoSchool.....I never thought about beeheery being the dependent ! Just seems odd to think of a BK filer as the dependent, good call!

Tom in Colo

[backtoschool]

ahhhh.....good one BacktoSchool.....I never thought about beeheery being the dependent ! Just seems odd to think of a BK filer as the dependent, good call!

Tom in Colo

Thanks Tom. I think this topic of roommates is very confusing and I just wanted to clarify in case anyone else was confused and had questions.