please somebody explain this .

[ghk3rd]

My son in law and daughter want to do chapter 7 .Their lawyer said they can't use their unemployed son on the family size requirement because he is an able bodied adult. Anybody ever hear of this before ? I thought everybody residing in the home was a person and is added to family size on form 22.He contributes nothing to the family resources .Thank you .

[anime-chicka]

If they haven't put any money down, I'd suggest a second opinon.

[Dst1]

If they haven't put any money down, I'd suggest a second opinon.

Diplomacy is telling someone to go to hell in such a way they enjoy the trip.

[BKDefender]

The rule is generally 'heads in the beds' to determine your family size. If they're supporting their unemployed son by paying more than 50% of his living expenses, then he is, by definition, dependent on them and thus a dependent.

Now, if their son was unemployed but still living at home, they would have to include his income in their household income to determine eligibility for filing Chapter 7.

Sounds like they need to get an attorney who specializes in bankruptcy and not one that dabbles in it.

--William

[ghk3rd]

in addition :

This attorney also told them there is no food allowance or gas allowance in determining means test eligibility. They both drive approx 80 miles per day to work and spend approx 400 dollars a month on gas . Is this allowed ??
I am so confused .
I had already figured out the 22 using on line software and had them approx 1000 a month in negative . Obviously someone did something wrong,probably me .The lawyer charged them 500 to do the means test .Is this a normal practice . According to him they have 1000 a month disposable income .

My understanding of the situation is the only deductable items are secured loans ,such as cars and mortgages.
No insurance deductions,no food ,no gas,no un- secured transportation expenses,no nothing .
Would someone do this just to force a 13 ??? It isn't that much more money !!

[BKDefender]

So let me get this straight - their attorney is telling them that the means test does not provide for any expenses relating to food or gas? Sounds like it's time to 'get another opinion'.

--William

[Mi Bankruptcy]

Wow.. they need a new attorney.

[JEM]

I can't believe an attorney would tell them they couldn't take an allowance for food. There would be very little point in filing bankruptcy at that point, because you wouldn't survive 5 yrs in a Ch13 without eating.

I'd most definitely say get another opinion. And have them look for attorneys that will do a free consult, not $500 to do the means test.

[anime-chicka]

I stand by what I said - if they haven't paid their retainer, get a second opinon. This lawyer they have sounds like one I'd interviewed who told me that I couldn't file by myself. Had I not come here first, I would have been inclined to believe her. Thank goodness I didnt go with her.

[anime-chicka]

Diplomacy is telling someone to go to hell in such a way they enjoy the trip.

Sorry, what?