If someone is paying my bills do they become responsible?

[sirius]

Hi all,

Right now, my family is helping me with bills. I was thinking of having them pay my bills directly, but my brother said he thought there may be a rule that says once someone starts paying your bills they become responsible for them?

Any truth to this?

I have a car payment, creditc cards and a phone/internet bill.

I haven't yet decided about bankruptcy, so this may be important to figure out ahead of time.

Thanks

[keepmine]

Unless they are cosigners or sign some document accepting responsibility, they'd have no liability.

[Flamingo]

Creditors don't care who pays the bill as long as they get paid. The money can come from a check sent by Uncle Joe in Alaska but the account is in your name and that is the account that gets credited. Now as Keepmine stated, the only time Uncle Joe would be responsible is if his name was on your account as joint or a co-signer.

[sirius]

Thanks much!

[poorold]

if you are considering filing bankruptcy, then it seems you realize you cannot support all the payments required by you every month.

do your friends and family a HUGE favor.

decide right NOW which bills you need paid to SURVIVE and quit having them throw their money away for no good reason.

you are being very unfair to them.

[sirius]

if you are considering filing bankruptcy, then it seems you realize you cannot support all the payments required by you every month.

do your friends and family a HUGE favor.

decide right NOW which bills you need paid to SURVIVE and quit having them throw their money away for no good reason.

you are being very unfair to them.

You don't know the first thing about my situation.

I'm disabled and may be getting approved soon. That's just one example of the different factors going into this decision. My family is well aware of the situation.

I suggest you mind your tongue and not stick your nose where it doesn't belong.

Do you talk this way to people in person or just on the net?

[eddiep]

One suggestion, if you are considering filing have them pay the creditors directly and not to you. This money may be considered "income" if you do decide to file within the next six months if they were to give the money to you. Good luck hopefully you will be able to get through this without filing bk.

[sirius]

One suggestion, if you are considering filing have them pay the creditors directly and not to you. This money may be considered "income" if you do decide to file within the next six months if they were to give the money to you. Good luck hopefully you will be able to get through this without filing bk.

Thanks, that's what brought me here. I'm going to start having them pay them directly to avoid any issues.

What would happen in the BK if it was considered income?

I'm surprised the lawyer didn't mention that issue when I had my consultation as I told him then that I had family support.

Thanks for the support!

[eddiep]

When filing for bk the first step is the means test. they will take your income for the six months before filing and if you are below median income level for your state you do not have to complete the means test. That is the first step towards chapter 7.

If you qualify for chapter 7 you do not have to pay back any unsecured debt. If you do not qualify for chapter 7 you will have to repay a portion of your debt in chapter 13.

Some states count ANY money recieved as income, some do not. In my state a gift or loan from family does not, 401k loan does, income tax return does not. But that is not true for all states and is up to local rules or customs. You can clarify this with your attorney.

[sirius]

When filing for bk the first step is the means test. they will take your income for the six months before filing and if you are below median income level for your state you do not have to complete the means test. That is the first step towards chapter 7.

If you qualify for chapter 7 you do not have to pay back any unsecured debt. If you do not qualify for chapter 7 you will have to repay a portion of your debt in chapter 13.

Some states count ANY money recieved as income, some do not. In my state a gift or loan from family does not, 401k loan does, income tax return does not. But that is not true for all states and is up to local rules or customs. You can clarify this with your attorney.

Gotcha, thanks for the explanation.

I'd have to verify, but I'm guessing that either the amount I receive is too low or it's not a concern in my state. I say this because the lawyer is highly recommended and seemed pretty thorough and he didn't say anything. Of course, I will still look into it if it's going to be a factor for me. Family is going to pay directly from now on so it shouldn't be an issue.

[eddiep]

I know you said you are waiting for disability, do you have any income right now or in the past 6 months?

[sirius]

I know you said you are waiting for disability, do you have any income right now or in the past 6 months?

Only income would be if they counted the help from family as such. I'm going to now switch to them paying my bills directly. Any left over money would be minimal. Is there a cutoff amount I should know about?

I imagine if I file I could wait the 6 months no?

Now I'm concerned since you are wondering about income.

Thanks for the help!

Anthony

[eddiep]

there is a set median income level set for each state. If you have a wife and children the amount would be higher. you can find the median income level and the means test for your state at www.legalconsumer.com