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PArt of HH

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    #1

    PArt of HH

    Per divorce decree I may claim (on Tax return) my 14 YO Daughter that lives with her Mom on odd years, so this year is my year.

    The way I read it for BK purposes this makes he part of my house hold. Therfore I can show her on our means test as a household member.

    Agree or Disagree?
    Last edited by 325Falcon; 09-21-2007, 07:04 PM. Reason: NA
    Tags: None
    #2
    Originally posted by 325Falcon View Post
    Per divorce decree I may claim (on Tax return) my 14 YO Daughter that lives with her Mom on odd years, so this year is my year.

    The way I read it for BK purposes this makes he part of my house hold. Therfore I can show her on our means test as a household member.

    Agree or Disagree?
    Depends on which bankruptcy chapter you intend to file. Ch 7 she probably will count as a household member. Ch 13 is a whole different ball game.
    Either way, ask your lawyer or during your lawyer interviews to get a knowledgeable legal opinion about how your local court will interpret this.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !
    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

    Comment

      #3
      We will be a chapter 7. I also need to answer another question along these lines. I havean 18YO that moved out in July. I will be deducting him on my taxes as I provided for more than half his support.

      Will he be a household member for the means test or not.

      Another one to add to my list!

      Comment

        #4
        Originally posted by 325Falcon View Post
        We will be a chapter 7. I also need to answer another question along these lines. I havean 18YO that moved out in July. I will be deducting him on my taxes as I provided for more than half his support.

        Will he be a household member for the means test or not.

        Another one to add to my list!
        If your 18 year old already moved out months before you file, then he's no longer a household member. Putting him as a dependent on your annual taxes doesn't matter in this situation.

        If you count him as a family member who is living in your house and it's found out he hasn't been living there for quite some time, that's bankruptcy fraud. Not a place you want to go. The feds take bk fraud very seriously. Isn't worth the risk, imho.
        Last edited by lrprn; 09-22-2007, 07:02 AM.
        I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

        06/01/06 - Filed Ch 13
        06/28/06 - 341 Meeting
        07/18/06 - Confirmation Hearing - not confirmed, 3 objections
        10/05/06 - Hearing to resolve 2 trustee objections
        01/24/07 - Judge dismisses mortgage company objection
        09/27/07 - Confirmed at last!
        06/10/11 - Trustee confirms all payments made
        08/10/11 - DISCHARGED !
        10/02/11 - CASE CLOSED
        Countdown: 60 months paid, 0 months to go

        Comment

          #5
          Lawyer says she would be counted as part of household for next year even know I am claiming her for this year.

          This just does not make since to me. I will have to do more research on this.

          Comment

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