I don't pay rent. If I move out soon can I add that to my living expenses?

[helpmepuhlease!]

Lawyer says I don't qualify for Chapter 7. Pretty much because I live with my parents and don't pay rent. After living expenses I have $800.( He is suggesting I file for Ch. 13 because of that) I have been looking for apartments because my parents will be moving into a 55+ condo thing and they will be selling there house in a few years, I don't want to be homeless...And honestly I can't see myself living here for 5-10 more years! So if I find an apartment soon and move in can I put that down on my as living expenses on my bankruptcy forms? (I haven't filed yet) So that I would be able to qualify for chapter 7? I figured it would be good too because I wouldn't have to tell a landlord I filed for bankruptcy so I would have a better shot of still getting an apartment. I asked my BK lawyer and he was unsure and he would get back to me. His reply was something I probably could but there may be a problem if they audit me.(they audit 1 in 250 from what he says) Has anyone done this? Please help! I am sorry for all the posts just stressed out and have a limited amount of time..

[CATCHMEIFYOUCAN]

Find another lawyer

Lawyer says I don't qualify for Chapter 7. Pretty much because I live with my parents and don't pay rent. After living expenses I have $800.( He is suggesting I file for Ch. 13 because of that) I have been looking for apartments because my parents will be moving into a 55+ condo thing and they will be selling there house in a few years, I don't want to be homeless...And honestly I can't see myself living here for 5-10 more years! So if I find an apartment soon and move in can I put that down on my as living expenses on my bankruptcy forms? (I haven't filed yet) So that I would be able to qualify for chapter 7? I figured it would be good too because I wouldn't have to tell a landlord I filed for bankruptcy so I would have a better shot of still getting an apartment. I asked my BK lawyer and he was unsure and he would get back to me. His reply was something I probably could but there may be a problem if they audit me.(they audit 1 in 250 from what he says) Has anyone done this? Please help! I am sorry for all the posts just stressed out and have a limited amount of time..

This is just my feeling, your lawyer sounds shady, I would check out some other ones, the initial consultations are free. So what if you get an audit, you hiding anything? If not than you should have no worries. Even find a room to rent if you can, it will eat your disoposable income if you cant find an apartment. Others will chime in during the day with more suggestions.

Best of Luck, CMIYC

[Spartan]

Just pay rent to your parents. No law says you get to stay at your parents for free. They can audit all they want. Your parents have every right to let you stay rent free in the past but demand rent payment from now on.

Gosh, the lawyer is a moron.

[SinkingFast]

Personally,........... I'd go with the apartment idea.

You could do a back dated lease agreement to take care of the income, but you might open a whole 'nother can of worms. The Court might want to see your folks' income tax returns to see if they claimed income for renting to you. Renting from your parents strays into the "Payments to Insiders" area. The Trustee could go after your parents to recover monies you "paid" to them.

The cleanest, simplest thing to do would be to find a cheaper apt, with a short term lease. Stash some stuff there even if you continue living with your folks. Wait 2-3 months to establish utilities bills, and then file.