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    means test

    I really need help asap if possible:
    on the means test when it ask for the number of debtors household do I put 2 since I live with my mom or do I put 1? :

    #2
    Originally posted by need help
    I really need help asap if possible:
    on the means test when it ask for the number of debtors household do I put 2 since I live with my mom or do I put 1? :
    Good question. Do you support your mom? Does your mom support you? I do know if you receive any payments from your mom you have to report this for your 6 month average and you would have to list anything you are paying to support her which may be counted towards an expense depending on the situation. The household definition is still a gray area even though sinkingfast sent some links recently defining it it's still difficult to interpret it for anyone other then spouse and kids. Hopefully someone will have a better answer.

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      #3
      1 Debtor. Unless your mom is filing BK joint with you.

      2 would be for a couple filing Joint.

      If you support your Mom, she's a "Debtor's Dependent" making your "Family Household" number 2.
      Filed Ch 7 - 09/06
      Discharged - 12/2006
      Officially Declared No Asset - 03/2007
      Closed - 04/2007

      I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

      Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

      Comment


        #4
        Originally posted by FoolAndHisMoney
        Good question. Do you support your mom? Does your mom support you? I do know if you receive any payments from your mom you have to report this for your 6 month average and you would have to list anything you are paying to support her which may be counted towards an expense depending on the situation. The household definition is still a gray area even though sinkingfast sent some links recently defining it it's still difficult to interpret it for anyone other then spouse and kids. Hopefully someone will have a better answer.
        Our attny is including Mom because,.......

        1,......... We claim her on our taxes. Have for years. She meets the IRS requirements for that.

        2,......... She meets the Census Bureau definition of "Family member". That is related by blood and/or marriage.

        But,....... He also included her SSI income at the start and then deducted it back out. SSI is exempt. And, we had to give him 3 months of her bank statements showing where her money goes. So he can prove to the Court that she does not contribute to the Household expenses. That she spends her money on herself for doctors, insurance, meds, and such.

        The attny said he really didn't have to do it that way, but he felt it would be safer than having to "explain" it to the Court. If the attny put the info out there to begin with, our case would go easier.
        Filed Ch 7 - 09/06
        Discharged - 12/2006
        Officially Declared No Asset - 03/2007
        Closed - 04/2007

        I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

        Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

        Comment

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