Met with Paralegal today to go over BK docs- Household Size Issue

[blueeyz]

So when I initially met with my attorney in March, he suggested a chapter 7 even though I was over the median income for a one person household. He said after payroll deductions, insurance, etc, he could get me to qualify. I had to save up for the retainer and in July, I got a raise so now my salary puts me over the median income by $9,000 so I asked if my domestic partner of 12 years, 11 of which we have shared the same address can be included so I can qualify for chapter 7. The paralegal did not know or certain so she is checking with my attorney.

I really want to file chapter 7 instead of 13 because I do not make a ton of money and do not want to be in debt to a trustee for 5 years.

Does anyone know if a domestic partner who you are supporting counts as a household member? If we need to get married prior to filing, we have no problem with doing that either. We act as a married couple anyway so it would not make a difference in our daily lives.

[smoothdaddy]

Yes they would count as a household member. Be advised though that if there working (bringing in income) that would count towards your income.

[angles]

congrats on your raise (even though its not helping you at this moment).

[blueeyz]

Hmmmmm then why would my paralegal not know this? Ugh frustrating. He is currently unemployed which is the reason why we are in this situation.

lol thanks, yeah a raise is always nice but not when you are trying to pass the means test.

After browsing the forums, I see that quite a few people have been over the median more than I am and they filed chapter 7 because of their expenses.

[despritfreya]

The reason the paralegal did not include your domestic partner is that you live in a "non-traditional" household. In your State, your better half is nothing more than a roommate. If you have the option of marriage and you are not opposed to it, then, by all means. . .

Des.