I share a house with two other people. They share costs, mortgage, utilities and food. Do I have to combine their income with mine to file Chapter 7?
top Ad Widget
Collapse
Announcement
Collapse
No announcement yet.
Household income
Collapse
X
-
If you are not married to any of them (or in general), their income is not automatically added to the Means Test calculation. However, to the extent that they offset other expenses (mortgage, utility, food, etc), that would reduce your allowances for those expenses.
For example, say that I'm filing, I'm single, and I share a home with a roommate. The lease cost is $1,500/month and we split it. The utilities are $300 a month and we split them. You cannot claim the $1,500/month or the $300/month. In fact, depending on the Florida County (https://www.justice.gov/ust/eo/bapcp..._charts_FL.htm) your total allowance for rent could be $549 (Calhoun) to $1,242 (Dade) or even $1,820 (Monroe/Key West). The same would apply to non-rent (utilities, repairs) for your allowance.
If you intend to file Pro Se -- without an attorney. -- be aware that the Chapter 7 Trustees will scrutinize your numbers and your household size. Unless the people that live with you are dependents, it is very questionable to use them in the household size number on the means test.
Bottom line: no you don't include their income. However, you do reduce your expense allowances to the extent that those roommates contribute.
Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
Visit My BKForum Blog: justbroke's Blog
Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.
bottom Ad Widget
Collapse
Comment