court/trustee's view monthly expenses expenses associated with dependent?

[carolen]

We are moving towards a chapter 13. My daughter is still in college but will be graduated by the time we file. She will be reamining in the city she went to college in simply because there are no jobs here. I will certainly be claming her as a dependent but will have to continue helping her monthly until she can find a job. We are locked into chapter 13 and not 7 because of the equity in house and parent plus educational loans we have.
ideas?

[momofthree]

Household size is determined by how many people are residing in YOUR home. You will not be permitted to help support an adult daughter who is living elsewhere.

[keepinitreal]

We are moving towards a chapter 13. My daughter is still in college but will be graduated by the time we file. She will be reamining in the city she went to college in simply because there are no jobs here. I will certainly be claming her as a dependent but will have to continue helping her monthly until she can find a job. We are locked into chapter 13 and not 7 because of the equity in house and parent plus educational loans we have.
ideas?

We claimed a child as a dependent on our taxes and our bk filing who lived on campus but whom we still paid over half the support of. We didn't get questioned by the bk Trustee. If you can still claim her if she's enrolled in college, maybe she could take some post-grad classes?

Do you know how much equity you can exempt in your state? Perhaps you can file Chapter 7 and exempt all of your equity. I'm not sure how having Parent Plus loans would prevent you from filing Chapter 7.

This might be a time to get a free consultation with a bk attorney and get some answers for your situation in your state.

Good luck!

[lrprn]

The important question that hasn't been asked yet is how old your daughter will be when you file. If she's over 21, she's not living in your home, and is gainfully employed in another city, then frankly the chances of you being able to claim her as a household member for bk filing purposes are almost zero.

By the way, you can claim family members as dependents on your income taxes, but that doesn't automatically qualify them to be household members when filing bk. This won't help you in this situation. The bk law has a narrow definition of who qualifies as a family member for filing. Check with the 3-4 experienced bk lawyers you set up appointments with to select your lawyer for filing to see what they think.

[carolen]

My daughter is 22 will be 23 probably when we file. She does not have any income as of now because she is still in college. She graduates next year. I pay 100% of her support. Of course she has high hopes of getting a job as I also hope she does but I got layed off 2 years ago from a job I was certain would never ever lay anyone off and have been searching ever since. The jobs are few and far between with hundreds applying as we all know. I think she will be looking for awhile. I know I can have her come home, but she has a much greater chance of finding work there than here. THINGS WERE NOT SUPPOSED TO BE THIS WAY!!!

[walkthaplank]

I don't know what district or court you are in, when I was sitting through 341's in Riverside, I saw several people who had adult children (18 and older) living at home going to school being told that while the trustee does not object to the child living in the home, they objected to any funds being used to support the adult child. Essentially anything associated with the adult child in the home would not be an allowed expense. The only one I saw that the trustee accepted was an adult child with medical needs living in the home who was unable to care for himself.

Like LRPRN says, talk to several experienced BK attorneys and find out what your options are.

[jmac]

I don't know what district or court you are in, when I was sitting through 341's in Riverside, I saw several people who had adult children (18 and older) living at home going to school being told that while the trustee does not object to the child living in the home, they objected to any funds being used to support the adult child. Essentially anything associated with the adult child in the home would not be an allowed expense. The only one I saw that the trustee accepted was an adult child with medical needs living in the home who was unable to care for himself.
Like LRPRN says, talk to several experienced BK attorneys and find out what your options are.

Yep that is what im going through right now, still trying to get confirmed and just talked to my lawyer today and she said trustee is making a big deal about me claiming her as a expense she is 18 and just started college....