Another ? about renting w/ family

[rilbrianne]

My husband and I are currently living with my father because we moved back from Florida about 6 months ago. We have decided to stay here and rent from him. Funny, I think about this AFTER I filed the papers yesterday.

I didn't add him as part of the household and now I'm wondering if I should bother to make amendments or if I could possibly go to jail at all. The thing is, I pay rent and other bills just like anyone else. The only difference is that my dad and his belongings are under the same roof I listed my family income, expenses, property, etc. I left him out completely. I checked the "debtor has no..." on Schedule G (Executory contracts and unexpired leases). I put the rent that we pay on the Schedule I. We pay monthly and we don't really have a lease or contract.

Really, the only way the trustee would find out about my father actually living in the house with us is if someone came out to the house. Does this ever happen?

Should I make amendments to all the paperwork to add him in or just leave it and hope that I'm overreacting to something minor??? What else do I need to do w/ paperwork when renting and filing BK? I didn't know when I started the paperwork that he was part of the household... until I read a different thread last night.

[NoName]

First of all, they are not going to put you in jail for a clerical error. Now, if that clerical error was that you had $100,000 in an offshore account and "forgot" to list it....that is a different story all together.

As for the other questions, I really don't know.

[JRScott]

I live in my mom and dad's trailer in NC. They live in GA.

Most of the property, including all the appliances and furniture belong to my parents. A small portion belongs to my brother. When I filled out the papers the lawyer's paralegal said not to include anything that belonged to my parents or brother. Just to include my property.

I think you'll be okay, but hopefully some others will chime in.

Noone will come and search the house. So try not to be to afraid. Prior to talking to a lawyer/paralegal I had made several lists dividing the property by who owned it. It turned out to be unnecessary.

[rilbrianne]

Thank God, you see, we get food stamps and medicaid for our children and ourselves but he's not included in our "household". So when it asked about # of people and income and all, I didn't even think to put him in. I didn't think he would be considered part of our household until last night when I read another thread someplace else. It said something about roommates and having to list their income but not their expenses.

If the court believes I lied intentionally though, it would be contempt or some other legal term I'm not familiar with, lol. You know, even if I had added him, it wouldn't have changed anything. He has almost no income so we would still pass the means test by far, and he has lots of assets but they wouldn't be considered for my BK.

[rilbrianne]

so it's not like I was hiding anything to save my own tush

[freshstart06]

to be honest that is a call you have to make. I know someone is going to tell you that is fraud and you have to tell but the truth is when it all boils down to it, it is your call. Who are you going to list as your landlord??? by the way, you will not go to jail, worse case is you will get dismissed or have to amend your schedules and means test. I personally know someone that lied completely, she stated that she was not living with her husband and was single. Somehow got away with this and this was just last year. I would not lie like that because that is hiding assets, in your case you are not hiding assets, you just want to make your case simple (as long as you don't get caught it will be simple)

If it was me, if it did not affect the means test then add him but to be honest if it did, I don't know what I would do, I am just being honest. In a lot of BK cases someone is hiding something simple getting away with it is another story. the trustee usually never ever comes out to the home, you don't have assets like that, you have to be "big time" and worth his time.

Remember, no matter what is told to you the option is left to you and you feel what you need to do, just consider the outcome of both.

[SinkingFast]

When you go to your 341 and the Trustee asks why you didn't list a Lease on Schedule G yet claim rent on Schedule J,.............. Just say you have verbal agreement for a Month-to-Month arrangement with your Landlord.

[rilbrianne]

that's kind of why I didn't list it, because I actually don't have a lease or contract of any kind. He is older and has no income really, so he's definitely not supporting us except that he already owns a roof and we are all under it, lol. I know, dumb joke.

Thanks everyone for your help, I understand what you say Freshstart, I am glad to have your insight. I appreciate all of the advice I get here. Even when the answer isn't the one you want to hear, having one is better than worrying. I wish there was something I could do to give back, besides putting in my 2 cents here and there. God Bless!!

[Granny]

I wish there was something I could do to give back, besides putting in my 2 cents here and there. God Bless!!

Sometimes the best "give back" is a kind shoulder and caring heart when someone is having a bad day and venting.

[whatamess]

Rilbrianne
We live with my mother, and pay bills for her as our rent. the attorney asked how much the bills totaled and thats that. We were listed as a family of 5, he included my mother for expendetures but didnt list her ss income.
Does that help? Maybe not...but i thought I'd share.
WAM

[rilbrianne]

Yes, it does help... most people are listing them so maybe that's what I'll do. It's just so complicated.

I like your tree frog, and your saying "It takes a village.. to make a village idiot!" lol I laugh every time I see one of your posts.

[whatamess]

Good, I had hopes that would help. The reasons I didnt file pro se is the living situation and our car. I wasnt sure how to handle it.
Hopefully you can be comfy with your paperwork.
Lol...YES I LOVE froggies, esp tree frogs.
AND thats my spoof on Hillary Clinton. I'm not her biggest fan... I hope I dont offend...
Have a great day!
Hail to the frogs.
WAM