341 meeting over, if move out of household changing parameters, will affect dischrge?

[mm2009]

I made it through the 341 hearing in western PA.. went smoothly..

Currently i just barely make the income cut to qualify for chapter 7 and have a household of 3.

They say it can take 60 days or alot more to get the discharge letter, pending no objections..

My home situation (pending divorce) is so touchy that moving out may be the best idea now for all involved, except maybe my BK case..

My attorney says that my wife's attorney could object to the trustee if i move out, changing the household status (even though i'd still be paying all expenses prior to moving on the same estate etc).. and my kids would most likely be with me 50% of the time, rotating week to week (still a household of 2, which i believe qualified).. this custody may take 2 weeks or more to resolve though.

Does anyone know if this would indeed screw things up? Can her attorney protest, even though he isnt a creditor (he threatened to try to screw the BK up before, but backed off when he received info he needed).

I'm sorta caught between a rock and hard place here.. i dont want to end up falling into a chapter 13 because of hastiness either.

Thanks

[JackBondLove]

It seems that you can officially consider your marital home as your domicile, with you temporarily sleeping at another dwelling because of a temporary toxic family situation.

What if you officially still "live" at the marital home, but "stay out all night"? Your wife couldn't say that you moved out in that case.

I guess having a better idea of what you mean by "touchy" would be helpful. Are you in fear that your wife could harm you physically? This may sound ridiculous, but perhaps you could go to a battered spouse shelter? This should be seen by a BK court as not the domicile.

[mm2009]

It seems that you can officially consider your marital home as your domicile, with you temporarily sleeping at another dwelling because of a temporary toxic family situation.

What if you officially still "live" at the marital home, but "stay out all night"? Your wife couldn't say that you moved out in that case.

I guess having a better idea of what you mean by "touchy" would be helpful. Are you in fear that your wife could harm you physically? This may sound ridiculous, but perhaps you could go to a battered spouse shelter? This should be seen by a BK court as not the domicile.

Perhaps on that.. well the situation is touchy due to various verbal abuse situations mainly, subjecting the kids to things that are causing an emotional and learning impact (school wise)... I feel it best to dissolve the situation sooner than waiting 60+ days (if not multiple months).. I was planning on staying at my parents house, at least at night.. But i guess technically it would still indeed be my house (in my name etc)... I'm not sure how things will go when i pull out of the house though (taking some of my things).

But i guess the question is what is considered dependents in BK sense? IE: heads on pillows? Assume that i get 50% custody, rotating weeks, would that mean instead of 2 (or 3) dependents its really only 50%, 1 or 1.5? Or is it still considered 2 or 3, so long as they are spending some time at each location, no matter what the split?

I think as of now its considered a household of 4, which keeps me about 10K above my salary and "safe", but with split households, i think this would be 3, which is about $1500 under that level.. unless you still count my wife, who would still not officially be divorced but still supported.. keeping it at 4. Edit, i think even at 3, means test income wise i'm safe too (i was going by wrong value from wrong year)