Why would you have to include the income of others living with you.....

[lrprn]

So am I just over thinking this?

Yes, you are overthinking this.

You and your spouse are filing - just the two of you. You have to include all sources of household income (including your parents' disability income) when you file. However, because you live with your parents and apparently have three children as well ("family of five"), for filing purposes that makes you a family of seven (your family of five plus your two parents). Also any income that your parents get that does not go toward maintaining the household is subtracted back out later in the Means Test. This makes it very unlikely you'll show disposable income on the Means Test.

Now my hubs doesn't even want to claim the bk until we are living on our own, which may not be until late spring. I don't mind waiting because it will look better on our bk if the whole rent and utilities are coming out of our pocket.

Whether it makes sense to wait until you leave your parents' home or file now needs to be determined by talking with your attorney.

I really do not know what to do. I hate calling my lawyer because we don't talk to the lawyer we talk to a paralegal or whatever they are.

Don't call then. Get the first available appointment to have a conversation about all these concerns with your lawyer face to face. Then you'll have accurate information rather than just guesses about where to go from here.

[debtsucks]

Thanks!!!!!!!