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    Question Considering Bankruptcy

    I have a few questions.

    1. I live in a house with my girlfriend with two others. We all split the utilities/garbage four ways and I end up paying my part and the girlfriends part.
    Do I have to count my other roommates as part of my household with their income?

    2. My girlfriend is barely working due to a medical condition. She has been living with me for two years. I pay for her food/groceries and medical bills (medicine and co-pays). Can I count her as part of my household?

    3. My girlfriend has two credit cards in which I am an authorized user. Do I need to list them in my bankruptcy?

    4. I have 1 car and two motorcycles. The motorcycles are worth less than $1,000 together. Is it possible that creditors can sieze my motorcycles to repay them?


    Sorry for the many questions but I really want to do my homework.
    Last edited by fzrider; 10-15-2010, 08:16 PM.

    #2
    1. I live in a house with my girlfriend with two others. We all split the utilities/garbage four ways and I end up paying my part and the girlfriends part.
    Do I have to count my other roommates as part of my household with their income?

    Unfortunately, yes, all income in a household is counted.

    2. My girlfriend is barely working due to a medical condition. She has been living with me for two years. I pay for her food/groceries and medical bills (medicine and co-pays). Can I count her as part of my household?

    Yes, and whatever little income she has will be counted as well. Tom or Joe help me here. Would his means test be for a family of four?

    3. My girlfriend has two credit cards in which I am an authorized user. Do I need to list them in my bankruptcy?

    No, these cards belong to your girlfriend. Your girlfriend is responsible.

    4. I have 1 car and two motorcycles. The motorcycles are worth less than $1,000 together. Is it possible that creditors can sieze my motorcycles to repay them?

    Depending on what your state allows as an exemption, you will be able to keep your motorcycles. Chances are you probably will keep them since their value is so low.
    Filed August 20 341 on September 23 Report of No Distribution - September 24 Case Discharged and Closed on November 23!!!

    Comment


      #3
      I respectfully disagree with that assessment. Using that reasoning, if this individual were filing a chapter 13 bankruptcy and she had room-mates who each earned $40K per year, she might end up remitting more than she actually earns in a year, herself ,to the court, simply because her other room mates had DMI. That would be like asking the room-mates to fund repayment of the filer's debt.
      Any "suggestions" I offer are not to be deemed as legal advice, as I am not an attorney. "Suggestions" are offered solely based on my life experiences, education, and what I have observed in the work that I do.

      Comment


        #4
        No, your roomates income will not be counted. The only thing that will be counted are their CONTRIBUTIONS to the household expenses, and ONLY in the manner they reduce your obligations. In other words, if the rent on your house/apartment is $1500 and they pay $1000 of it, then you obviously only get to claim the $500 that you pay. Same with utilities. Outside of that, the trustee will not give a flying leap what your roomates earn.

        I can not answer your question on claiming your girlfriend and her expenses. If you've been paying $500 a month for medical co-pays I think you're going to have an uphill battle, if it's just marginally more than your own expenses then you may be ok. You should talk to an attorney about this.

        Comment


          #5
          Hi fzrider,

          1. Your household is 2, so count your income and hers, along with the percentage of household expenses you both actually pay, which I assume is 50%.
          2. See answer to #1
          3. Are you an authorized user of a co-signer? If co-signer, yes, you need to list them. If authorized user only, no. However be aware that your bk can impact her credit cards.
          4. De[ends on your state's exemptions.
          Stopped paying: 08/10, Filed CH7: 08/27/10 , 341 & No Asset Report: 10/6/10, Last day to object: 12/06/10, Discharged: 12/07/10, Closed: 12/08/10
          AHEM.....NOT AN ATTORNEY, NOT ADVICE, ETC, ETC

          Comment


            #6
            Thanks for the Answers All.
            I only pay her meds and co-pays which are less than $150 a month.
            I am really thinking of just tying the knot with her because we been going out for four years and don't see myself with anyone else.

            Comment

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