Means test question????

[phoenix44212]

Ok, so I'm declaring bk soon. My daughter and I are setting up a separate household away from my wife from whom I will be getting a divorce. Although I am slightly over the median for my state after going through the means test I can still file for a chapter 7, by myself. However, as I said, my 17 yo daughter will be with me. She has a part time job which, if it must be combined with mine, would again probably put me slightly over the median for 2 people. My question pertains to her auto which she pays for most of the gas, myself for the insurance and I guess we split any maintenance. How will this affect my means test calculations. The car itself is owned by my stbx but both of us bought it for my daughter and I'm trying to get it in her name, but that won't be until she's 18. The car is paid for ie no payments. Any ideas?

[HHM]

My first suggestion, if at all possible, it is easier to file for BK AFTER your divorce is complete. Once you get the assets divided in the divorce, etc, it makes the BK a much cleaner process.

[phoenix44212]

I agree, but it will depend on what the creditors and such do. I may not have the option. There is no equity in our house and I can't shoulder the payments for everything without my spouse's help, which isn't an option. My hope is I can hold out until the divorce is kver but it is going very slowly and I may not be able to.