Am I included in my disabled brother's household?

[BillyRip]

I pay the mtg, I do not have custody or legal guardianship.

He "pays" $300 a month for rent, utilities, and groceries to me.

He get $1000 a month SSI disability. That's his only income.

Is he his own household, or is it two b/c he lives with me?

Total cc debt is $15K, pays out $870 a month on that debt right now.

Thoughts? Thank you!

-B Rip

[justbroke]

It is one household and you contribute to that household. It can get murky because I don't know if you live as a single economic unit. In any event, I would tend to think that claiming a household of 1 would be fine since your brother would not need the "benefit" of having a larger household to remain under-the-median income.

Since he is on disability, it is quite clear that he would pass the Means Test and be under-the-median. The question would be on Schedule I and J. You would probably need to work on his expenses on Schedule J, since Schedule I will include SSDI payments. You may want to fill out Schedule J looking forward, as if he weren't paying those credit cards. For example, actually include the "United States Trustee Program" limit for a household of one; national standards for one person (for food and clothing) is $583 alone. Also include money to pay for housing. If he's renting a room from you, there's $250 a month. That alone would be $833 in expenses and would keep his disposable income below $200/month. Again, you would need to work on the expenses and don't forget silly things like haircuts, personal grooming products, entertainment, memberships, magazine subscriptions, etc.

Are you filing Pro Se for him? If so, I'd so more research on your specific District.

[BillyRip]

The problem is if my income counts toward him, no way he'd get a 7 b/c I gross about $80K a year.

I just never dreamed that adult brothers under the same roof would be a "household". I don't claim him on taxes or anything.

I guess if he gets a 13, it'll still be better than almost $900 per mo.

I was going to go Pro Se, but I wouldn't dare try after getting this info. Thank you JB!

[justbroke]

Your income does not count. It would "only to the extent" that you regularly buy things for him or offset his costs. That would be considered "income" for purposes of determining the disposable monthly income (DMI). The only people who must include another person's income directly are those that are married.

Remember, it's only the income which you expend on his behalf. If he gives you money for rent, then you aren't expending any money for him. If he live in his own home, the rent was $1,200, and you paid all but $300 of that amount, then he would have "additional" income of $900.

I highly recommend sitting through several (3-5) "free" consultations and pose these questions to your local attorney. If I were you I would not be trying to help someone with their bankruptcy where I do not understand the basics of what is "income" and what must be listed on Schedules I-J.

[BillyRip]

Thank you again, JB! I feel better and relieved. I will going with an atty.

You are to be commended for the resource that you yourself have become in helping so many people. Cheers!

[justbroke]

I hope this works out well for your brother and it's great that you're looking out for him. I literally just had a dream today about two of my brothers fighting and I had to break it up. My brothers have never physically fought and rarely did I ever witness an argument amongst the 6 of us. Strange.