Having someone paying for my expenses before filing...

[Beeheery]

Hi all,
I have a friend who is willing to pay for my schooling this summer and fall. It will be approximately 5k with tuition and books. Is this considered income if he does not give me the money directly? He is letting me use his cc online to pay all fees and purchase books/materials etc. My bf on the other hand pays 100% of my expenses since I live with him. The apt is in his name and he pays for all utilities/rent/food etc. Do you know how I fill out expenses? I technically do not have any. I also do not know what to put for income. I do not work and the only income I have is from old school books that i have sold on amazon or ebay. Any help would be appreciated. i do not have the $$ for an attorney and would like to file pro se. BTW, I own NOTHING-no car/house/property etc. Just a tv/ipod and a dresser set. That's it. I live in FL as well. Thank you!

[keepmine]

That wouldn't be considered income.
Just list the amounts you received from the EBAY sales over the last 6 months. If you don't work-you don't work. Same thing if you have no expenses. Looks like your schedules will be a string of zeros.

[AngelinaCatHub]

I respectfully disagree, "keepmine". I think if someone pays for the school and it is a true gift with no paper trail, that is one thing. If the OP is being supported by a bf, that is a household in the legal terms. Sharing an appartment conjugaly or otherwise, if the OP's expenses for roof and food is considered income as if she were married or palamony. This has come up before many times. 'Hub

[Beeheery]

Hi, thank you both for the answers. So do you know if I include just mine or his as well? I am NOT on the apt lease but he pays 100% of everything except when I have been able to contribute 100 here and there from ebay which is less than 1k over the past year. I just do not know if I put 0 for expenses and then they ask how I am living and then I say my bf then they accuse me of lying. He is not attached to any of my ccs and we have no joint accounts. This is the main reason I have delayed filing because I have absolutely no clue what to do.

[OhioFiler]

You must report TOTAL household income. This includes your boyfriend's income. Your friend's payment for your schooling is either income to you if he is not expecting repayment or a debt if he is expecting repayment/

You have no assets nor income. Do you have debts? You are judgement proof in your current situation. Do you need to file bankruptcy?

[keepmine]

I respectfully disagree, "keepmine". I think if someone pays for the school and it is a true gift with no paper trail, that is one thing. If the OP is being supported by a bf, that is a household in the legal terms. Sharing an appartment conjugaly or otherwise, if the OP's expenses for roof and food is considered income as if she were married or palamony. This has come up before many times. 'Hub

I agree that the bf's income must be disclosed but then, since her contribution to hh expenses is nil, it's a nonissue. He's not only paying the hh expenses but his personal bills as well.
I'm doubtful that the tution paid for by using another persons cc is income.It's not going through her bank account. We advise people all the time that if someone is helping with bills or legal fees to be sure that the donor pays the creditor directly-don't write the debtor a check and have them put it in their account. I don't see how this is any different.

[StartingOver08]

I think OhioFiliers' question is the real issue here - if the OP is a full time student and all of her living expenses and student expenses are being paid by other parties - why is the OP filing BK now?

BK is a serious step. The OP needs to figure out if filing now is really in her best interest from a long term perspective. We don't really have enough information at this point to help.

[AngelinaCatHub]

I think OhioFiliers' question is the real issue here - if the OP is a full time student and all of her living expenses and student expenses are being paid by other parties - why is the OP filing BK now?

BK is a serious step. The OP needs to figure out if filing now is really in her best interest from a long term perspective. We don't really have enough information at this point to help.

This is true. However there is no such thing as "Judgment proof" as if she gets any kind of Judgment, it is usually good for 21 years and anything in the future she does get can be levied on or garnished. 'Hub

[TEW]

Hi all,
I have a friend who is willing to pay for my schooling this summer and fall. It will be approximately 5k with tuition and books. Is this considered income if he does not give me the money directly? He is letting me use his cc online to pay all fees and purchase books/materials etc. My bf on the other hand pays 100% of my expenses since I live with him. The apt is in his name and he pays for all utilities/rent/food etc. Do you know how I fill out expenses? I technically do not have any. I also do not know what to put for income. I do not work and the only income I have is from old school books that i have sold on amazon or ebay. Any help would be appreciated. i do not have the $$ for an attorney and would like to file pro se. BTW, I own NOTHING-no car/house/property etc. Just a tv/ipod and a dresser set. That's it. I live in FL as well. Thank you!

It's not income it's a loan. The only thing is you will need to report your friend as a creditor. even if the person does not want the money back. you can repay the friend after you are discharged.

[Beeheery]

hi everyone,
thanks for all the responses. the reason i am filing bk is because i am 50k in debt for medical bills and various cc bills. i want to file now so that when i do get my degree and begin teaching, they do not garnish my wages and/or say i do not qualify for ch 7 since my bf salary and mine would push me over. the only thing i do not understand with having to include his income is how can the bk attorney request that since he is in no way responsible for my debt. he makes WELL under 50k a year but what if he made 1 million a year? would they say that i couldnt file because someone i live with makes a lot of money? to me that is unfair saying that that person should pay off my debt. maybe i am missing something. and if i do have to include his income, do i have to include his taxes as well? i mean it seems like its meshing all of his personal info with mine and he does not want to be a part of this in any way since my debt was before we were together. i would like to file asap but have no idea what to do in this situation. also, if my bf and i decide to get married about i am discharged, does this bring down his credit at all? and if not, can i "piggyback" off his credit if we get a house in our name together after i file? meaning he gets it in his name alone first and then after i file add my name to it to help build my back up. sorry for all the questions but this is a really confusing situation. thank you!

[Beeheery]

Also, I didn't file 2007 taxes because I made under $250.00 for the entire year and I made under 1k in 2008. Do I need to file at all? Thank you.

[OhioFiler]

You are going to need those tax returns. Get them filed.

[Beeheery]

Thanks Ohio,
But if I have to use my BF income, do his taxes come into play at all? He only filed for the first time this year because his income was so low before he didn't need to file.

[lrprn]

Thanks Ohio,
But if I have to use my BF income, do his taxes come into play at all? He only filed for the first time this year because his income was so low before he didn't need to file.

Because you aren't married, his income or the taxes he filed or didn't file have nothing to do with calculating or filing your federal, state, and local income taxes.

However, now thanks to our 2005 Congress, when you file for bankruptcy, his income will be included with yours on the first part of the Means Test (with everything he earns that doesn't contribute to the running of your household subtracted out later. However, your income taxes are based on your income and yours alone.

[Beeheery]

Thank you so much! His income right now is 38k and the most i have made in the past year is approx 1.5 at the most. Do you know if that pushes me over at all? i am not sure how it works since if he is not responsible for my debt, why they would even count his income in my bk since he has absolutely no obligation to pay it whatsoever. so, at the very most, i would say our yearly income BEFORE taxes is 40k. We are in Florida if that matters at all. Thanks again!