Please help me asap

[bk2009]

Sorry if you took offense at the word choice. The story you painted suggested a man who was mooching off of you and the other roommate and now you weren't going to be able to help yourself file bankruptcy b/c of his not paying his fair share.

[Starcry]

I was looking a little deeper, it says what he CONTRIBUTES, not what is his income inside of the means test. Does that not mean since his max each month is 160-200 dollar of actual contributed money (in which case it says i qualify) that i just have to file some extra paperwork?

[Starcry]

and i apologize BK. I am just in a panic. This is the last month i can pay my bills. After that it starts to go downhill.

[Starcry]

anyone?

[music12]

starcry, that quote said:

"you may have to include the portion of their income that contributes to the overall income of the household."

i think that means that if he is not paying rent but only for his own food and meds, then no portion of his income is actually contributing to the overall income of the household. maybe you won't have to count it in this situation? it makes no sense that you would have to include money that you never see, and the law generally is written in a way that does make sense. so i am sure there is a legal way not to include the income he uses for non-household expenses. there has to be.

[music12]

and i just looked up the means test form itself, which says:

"Note: If you are sharing a household with one or more roommates or a domestic partner, you must include here all amounts that other members of the household regularly contribute to rent, house payments, or other household expenses."

so if he does not regularly contribute to "rent, house payments, or other household expenses" then none of his income counts.

would this wrap it up for you the other way?

[eddiep]

the median income level is just the first step in qualifying for a chapter 7. It is not impossible to file ch7 if you are over median. It is not hopeless! Have you taken the second step and filled out the means test? Definately talk to a lawyer before you throw in the towel, as others have said this is a gray area. I believe the reason they make some of these rules flexible is for situations just like this, so that thoes who need to file ch7 can and thoes who can pay into a chapter 13 do so. Go talk to a few lawyers in your area and if the first one tells you it cant be done move on to the next one. Not all lawyers are not created equally. It sounds like you are in a difficult financial situation and bankruptcy is intended to help thoes who can not pay their debts.

[LuciluS]

Don't Panic please! Bad emotional feelings can/will lead to other medical problems.

Don't have the money to pay an Attorney? Our BK attorney allowed us to put down a retainer fee of $300 and paid the rest over a 4 month period. His practice of 20 years is only Bankruptcies.


Take advantage of the Free Consultations. Most BK attorney's give free consultations. Go to them with a list of questions and let them answer. Ask how much their fees are and if you are allowed to pay them over a period of time.

IF you know you will be filing Bankruptcy - Stop Using your CCs'. If you haven't charged a lot on CCs', then stop Paying them Now. You are wasting good money which can be saved to pay the Attorney.

We stopped paying most of our Credit Cards late last September. Because we had retained our BK with the $300, we were allowed to give his information to any phone calls received.

I have no clue on the 'roommate situation'. That is a very good question to ask the Attorney in your Free Consultation. Would suggest you pick the Attorney based on your Needs and not necessarily would be the cheapest one.

Like I said, our BK Journey started late last September. We will be filing in 9/09. My point is you can stop using your CCs Now if you haven't made in large purchases (or can justify such purchases with receipts. or No Balance Transfers within 90 days, stop paying them IF you know you will be filing BK.

One of our members has prepared an easier Means Test. His screen name is Debtstinks. Click on the below link to use his means test.

http://www.johnfire.com/meanstest/wizard.php

Wishing You Good Luck!

Luci

[veryclose]

You absolutely have to lay all of this out during free consultations with BK attorneys. We can all read the laws and interpret (as you can also), but this case needs an expert to answer the ultimate question - can you file.

I live with my mother, who does not qualify as my dependent per the IRS, but for purposes of the BK does, because she is disabled due to Alzheimer's disease and I pay the bulk of the monthly expenses (she gets only a very small Soc Security income) in addition to providing her 24/7 care with everything from meals to bathing. I am not sure whether the roommate's situation would be considered similar at all - I at least had the benefit of having a blood relationship with mom.

Make a few appointments with attorneys who provide the free consultation, tell them everything about the situation and let them run the numbers.

[SocalBroke]

starcry, that quote said:

"you may have to include the portion of their income that contributes to the overall income of the household."

i think that means that if he is not paying rent but only for his own food and meds, then no portion of his income is actually contributing to the overall income of the household. maybe you won't have to count it in this situation? it makes no sense that you would have to include money that you never see, and the law generally is written in a way that does make sense. so i am sure there is a legal way not to include the income he uses for non-household expenses. there has to be.

This is my understanding also (it was a little different for me as I am in a same sex marriage but had we not been married in California when it was legal, he would have been considered my partner). From what I was told, you would only need to include his actual contributions and not his income.

P.S. kudos to you for standing by a friend

[Starcry]

Thank you guys i am going to ask around, it sounds as if im covered. I just have to stop being lazy and start using a money order to pay the rent instead of giving him money and letting him write a check because that might look odd even though they see me take the money out. I took the means test and if his income that is considered contributed is less than 300 i pass. At max its 160 and thats pushing it (basically the cable bill that he gets from work which is tiny and he does give me between 30 and 100 for food) So it looks like its time to stop paying these people so we can start living better and get ready to file. If i can make a means test pass on my own im sure an attorney who knows what he is doing can certainly find even more write offs!

Thank you guys i really appreciate it. And yes socal i believe very firmly in sticky by a friend. If he was not doing his best i would be a little iffy but he gives all he has and has been clean from the drugs for over a year now.

[Chowder]

thanks for the answers guess its time to move to canada :/

Depends. They usually require a hefty deposit.