Household size question?

[Xue]

I live with my wife and brother in a 2 bedroom apartment.

I will be filing a Chapter 7 by myself soon.

For the means test, would my brother be counted in the income part and would that make our household 3 people?

My brother is not my dependent.

His name, my name, and my wife's names are on the lease. My brother is making the full rent payment. No cash is being exchanged, as he is writing a check to the landlord.

So it looks to me that I have to include the portion of his income that contributes to the overall income of the household.

thanks

[justbroke]

This can vary by District because some Trustee's and United States Trustees (UST) take the position that your dependents, are those you claim for Federal Income Tax purposes. In many cases, family members (mother, father, sister, brother, etc) can be your dependent if you provide for their support.

For purposes of the median income determination, you could claim 3 people. However, your brother's income, to the extent that it pays for the household expenses, would be counted as well.

Is this making the difference between being over/under the median?

[Xue]

Hi justbroke. thanks so much for your thoughts, and for your quick responce.

I'm am under the median.

I'm still trying to get a grasp on things. I have read the NOLO press book 6 times now. Thanks.