Interpreting Bankruptcy Law

[kathy4530050]

I have a question regarding interpretation of the law. I've read many posts here that say something about how individual districts or trustees have a different interpretation of the law. Is this even on the major points? Or just minor ones? I posted a question here a few days ago about household size and at least one person who replied got a very different answer from their lawyer than I got from mine. Mine said I couldn't include my college kids in my household size because they aren't minors, but everything I have looked at on-line says I can. Could this just be a different interpretation of the law?

I'm making a few more appointments with different lawyers to get some clarification on a number of issues, including this one, but this interpretation thing makes me uncomfortable. I've ordered a few bankruptcy books from Amazon and now wonder if it's even worth it. How much of the law is hard and fast and how much is subject to interpretation??

[optimistic1]

You could also be like me, and call your local Chapter 13 or Chapter 7 trustee office, and tell them you are filing Pro Se, (means without a lawyer), and ask them about the household size issue. Ask for a case manager, or assistant case manager, or the trustee himself. Sometimes they will answer your question, sometimes they wont. There are alot more Chapter 7 trustees than the Chapter 13's I have noticed.

If you ordered the books from Amazon, make sure you are getting the most up to date edition, especially if its pre 2005 BK Law changes.

Chapter 13 NOLO book most updated version is the 9th edition, published May/June 2008.

It is that book that I referenced to you that you can in fact increase your household size, even if its a relative or friend living with you, not just your children, regardless of their age.

Dont take everything for granted on this forum, although, there are several notable members that are very knowledgeable, you still need the advice of a good attorney, keyword being good.

[kathy4530050]

Great! I'll call. Thanks so much for the info!! Household size makes a big, big difference in the median income I have to fall under and some pretty important expense categories. If I can have a household of 3, my position is much stronger. I'll check into the Nolo book too.

Thanks again!

[optimistic1]

No doubt, but do keep in mind, im pretty sure that if you do add them in, and they work and contribute to expenses of the household, you will need to factor in their income, but I could be wrong.

[kathy4530050]

Wow . . . this could backfire. One works 15 hrs/wk in the school library for minimum wage to help pay for his own college expenses, and the other hasn't been able to find a job. If they both work over the summer to save money for school, will I have to include their incomes?