Pro Se Filer lists roommate on Means Test but not on Current Expenditures....

[9877donna]

I see where a Pro Se filer listed her roommates income on the Means Test but did not put it on the Current Expenditures of the 'household'...just her expenses.IS that correct?

[FilingOnMyOwn]

You'll have to provide some more details for anyone to give an accurate answer to your question.

[9877donna]

OK.I know I'm not very good at explaining. I was in Pacer looking at this Pro Se filers petition.She listed a roommate on her Means Test for Chapter 7.
Wasn't she suppose to also list current expenditures of the 'whole' household on Schedule J?? I mean 'total' expenditures for both and not just her own??

[Minnymouth]

Not necessarily...... the income from the roommate is considered income to the filer, but the expenses of the roommate is not part of the filers petition - they are not married.... or spouses.... or children.....

I too have seen this on petitions.... where the income counts, but the other persons (roommate) expenses are not part of the petition..

Anybody else have any input on this....?

[lrprn]

Here's what one experienced bk form processor had to say about roommate income and how to reflect expenses on bk forms:

"I have had many divorced women fill out their bankruptcy petition, write down that they have no income but they pay rent, utilities and other living expenses. My first question is "How can you pay these debts if you have no income?" Oftentimes, it is because they have a live-in partner or roommate who pays the bills. It is perfectly okay if a live-in partner is paying the bills while you are unemployed or living on other types of government assistance. Your bankruptcy petition will simply list all your normal living expenses on Schedule J and on Schedule I under "other income" and list the amount the live-in partner contributes to pay these bills. This will balance out Schedule I and J of your bankruptcy petition to most likely a balance of $0.00."

From http://www.bankruptcyformprocessing.com/cheat.shtml (btw, this is a very interesting article listing the common ways debtors try to conceal assets when filing)

[9877donna]

Here's what one experienced bk form processor had to say about roommate income and how to reflect expenses on bk forms:

"I have had many divorced women fill out their bankruptcy petition, write down that they have no income but they pay rent, utilities and other living expenses. My first question is "How can you pay these debts if you have no income?" Oftentimes, it is because they have a live-in partner or roommate who pays the bills. It is perfectly okay if a live-in partner is paying the bills while you are unemployed or living on other types of government assistance. Your bankruptcy petition will simply list all your normal living expenses on Schedule J and on Schedule I under "other income" and list the amount the live-in partner contributes to pay these bills. This will balance out Schedule I and J of your bankruptcy petition to most likely a balance of $0.00."

From http://www.bankruptcyformprocessing.com/cheat.shtml (btw, this is a very interesting article listing the common ways debtors try to conceal assets when filing)

So Schedule J is just what I contribute to the expenses and on Schedule I under 'other income' I put what my roommates contribute...Correct?
Thanks to both of you for helping me understand.It's confusing...

[lrprn]

So Schedule J is just what I contribute to the expenses and on Schedule I under 'other income' I put what my roommates contribute...Correct?
Thanks to both of you for helping me understand.It's confusing...

How to best capture the roommate contributions on Schedule I and J is a grey area that opened up after the new bk law went into effect last October. Unfortunately I don't believe there is one right answer to give you at this time - it's a complex and murky issue. Eventually a case will go to bk court and a decision made which will give us a better idea of what the court thinks is the right thing to do. As far as I can find out, that hasn't happened yet.

If you are filing with a lawyer, what does he/she say about this? And if you are filing pro se (without a lawyer), then please make appointments for several free half-hour to hour consultations with experienced consumer bk lawyers in your area and ask this question along with whatever else needs to be captured when including a roommate's contribution to the household. You will learn a great deal reviewing what you already have done.

Good luck - keep us posted on what happens, ok?