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dragon_slayer

Another means test question

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I will be filing a chapter 7 BK soon. I do have a question. I am staying with family for now until I can get back on my feet not paying rent since my job loss. I am wondering how do I fill out the means test once I start back to work wich will be soon. do I put zero for rent?? that might raise issues with the trustee!! or should I put an average amount on the means test for my local area :hmmmmm:

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You might want to talk this over with your lawyer...its my understanding that the means test must take household income into account...which means your family's income must be included.

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thanks I will be calling a lawyer tomorrow since my lawyer can give me a heads up on how the trustee's work in my area and what kind of relationship they have with the trustee. that will give me more of an idea of what i'm in for :justdrink:

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As far as what is considered a "household," it may vary by jurisdiction. Some courts consider a household to include all people in the house. Others only include those people that are financially dependent upon the person filing BK. Once that is determined, you'd be able to then figure out whether your income exceeds. Having said that, the means test usually only looks at your income for the six month immediately proceeding your filing.

 

If you're starting a job after you file, I don't have an answer. That's why it is wise to pay the $1500 or so to retain a BK attorney and not try to file on your own. BK court is definitely a place where you want to make sure all the i's are dotted and t's crossed.

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