Chapter 7 means test question

[nascarr24]

My question is this… I live in CA and I wanted to know if I will be able to use my unemployed Domestic partner as part of my means test for chapter 7. Thanks!

[LadyInTheRed]

Welcome to BK Forum!

Hopefully, someone from California with personal experience on this issue will come along . But, my understanding is that the law is unsettled in this area. How household size is determined will vary by district.

Here's what he US Trustee says about household size:

•"Household size" is the debtor, debtor's spouse, and any dependents that the debtor could claim under IRS dependency tests. The USTP uses the same IRS test for the definition of both"household" and "family." IRS Publication 501 explains the IRS tests for "dependent."
•The USTP departs from the IRS dependent test (as does the IRS when it determines family size for collection purposes) in cases justifying "reasonable exceptions" (e.g. a long standing economic unit of unmarried individuals and their children). However, if an individual is counted as a family member for median income purposes, that individual's income should be included as income on Part II of Form 22A .

http://www.justice.gov/ust/eo/bapcpa/docs/ch7_line_by_line.pdf

But, the US Trustee's opionion is not law and can be challenged. In some districts, the above analysis is used. But, in others, either a "heads on beds" or a "financial relationship" analysis is used.

I suggest you consult with several experienced BK attorneys to find out how this issue is treated in your district. I would usually recommend finding attorneys that practice only in bankruptcy law. But, in your case you may want to look for an attorney or lawfirm who also practices family law with a focus on domestic partnership issues. An attorney with an interst in domestic partnership issues may be more willing and able to be a strong advocate for you. Try calling your county bar association for a referral.

I hope you keep us updated on what you learn about this issue.