Household Size?

[Kris10Jordan]

Preparing to file Ch7 in the near future.

I live with my boyfriend, our son, and his son. He is still legally married to someone else (he is a legal resident who obtained green card via sponsorship of wife...their divorce is crazy complicated and taking forever).

I am unemployed, car repossession any day now, 40K in debt... he provides a roof and food...not much else because he breaks even every month on his teacher salary. Everything is his...his house, furniture, bills, cell phone, etc.

So, do I count his total income plus all four people, and subtract what is not spent on me later? Or do I count myself only, plus what he spends on me?

[AngelinaCat]

Are you the only one in the household filing BK?

[Kris10Jordan]

Yes. Just me. Everything is separate...all accounts, property, etc.

[mountanddo]

I would think that if you aren't married it would be like living with a friend. You wouldn't involve your friend in your bankruptcy would you? I assume at some point if you got a job you would contribute to the housing and food and any expenses that you need for you and your son. I wouldn't even count on what he spends on you. Basically you are living free out of the goodness of your "friends" heart.

[Kris10Jordan]

So what about my monthly expenses? How would I go about that? If he is paying for what I need directly, and not giving me any money, do I have any?

[mountanddo]

Why are you filing bankruptcy with no income and no expenses? It sounds like you don't have anything to take now that your car is gone. Are you being sued by any of your creditors? Even if you were, you don't have a job so they can't garnish wages and I think Texas is a state that can't garnish wages but there may be exceptions to that. I'm not sure about bank accounts. It sounds like you need to find a job and worry about Bankruptcy second.

[Kris10Jordan]

Lol. Where do I start?

1. I am 26 with about 40K in debt. Credit cards, student loans, broken apartment lease, repo, medical bills, etc. Stopped paying all but student loans and car in 2010 when I had a baby. Needless to say the baby was NOT planned. lol

2. The only reason I haven't been sued yet is because I haven't been found. Wasn't hiding intentionally, per se, just didn't help with their search. When I decided to file Ch. 7, I sucked it up and did a change of address and updated all my info. It's just a matter of time.

3. Every family member, every reference I have ever listed, as well as my ex-husband and his new wife, are receiving letters and phone calls from creditors. That's humiliating.

4. Yes, wages and bank accounts may be garnished for student loans or any other creditor who gets a judgment.

5. Trust me, I would LOVE to be working right now. You have no idea. But I would have to find a job (with my terrible credit report) worth paying for daycare for my son, getting another car, paying the insurance on it, paying regular student loan rates again, just to get sued and have my wages garnished.

Why not just get it over with right now while I am below median, have no assets, am not married, and haven't been sued yet? I got nothing to lose.