123ArticleOnline Logo
Welcome to 123ArticleOnline.com!
ALL >> Legal >> View Article

How Do I Determine Household Size When I File Bankruptcy?

Profile Picture
By Author: Yale Green
Total Articles: 8
Comment this article
Facebook ShareTwitter ShareGoogle+ ShareTwitter Share

You may not know this, but how many people you have living in your home can make a big difference when you file bankruptcy. During your first consultation with a bankruptcy lawyer, we'll ask you what your income has been and the number of people living in your home. Using those two numbers, we'll be able to tell you whether or not you'll be able to file Chapter 7 (liquidation bankruptcy) or Chapter 13 (reorganization bankruptcy). If you've been researching, you know that there is a world of difference between Chapter 7 and Chapter 13 bankruptcy.

Oddly enough, household size is not defined in the Bankruptcy Code. However, if we look at Bankruptcy Forms B22A and B22C, also known as the Means Test, household size or "applicable family size" consists of "the number that would currently be allowed as exemptions on your federal income tax return, plus the number of any additional dependent who you support."

Clear as day, right? Let's break it down a bit.

If your household just consists of you, or you and your spouse, our calculation is pretty cut and dry. If you have children in your home, we'll want to know how ...
... old they are. If they're minors, then that's also fairly straightforward. Where we get into more complex issues is when you aren't related to the other people in your home or they're adults (even if they're your children), because household size doesn't just mean the number of people in your home. However, if the other in your home are allowed as exemptions on your federal tax return, then we can count them.

Any others in your home will have to pass the "financial dependency test" which asks whether or not the other members are financially dependent on you. That sounds like an easy test to pass, but it's not. The US Trustee will want to know how long this economic dependency has lasted. Someone living in your home for a short time and who has a job is probably not going to pass the test. But even if we include them in your household size, we also have to count some, if not all, of their income. That might push you over the median income all over again.


For more information about Denver Bankruptcy Attorney, please visit http://coloradobankruptcyguide.com

Total Views: 291Word Count: 382See All articles From Author

Add Comment

Legal Articles

1. Certificate Attestation In Dubai, Uae – Process, Types & Requirements
Author: Prime Global

2. What Is The Role Of Real Estate Lawyers Bahrain?
Author: Newton Legal Group

3. Germany Language Visa: Visa For Language Learning
Author: Atul

4. Are Msme Loans Available For Home-based Businesses?
Author: Blucoin Capital Private Limited

5. Should You Refinance Or Consolidate Your Debt With A Personal Loan?
Author: Loan jagat

6. Germany Certificate Attestation Services In Dubai, Uae
Author: Prime Global

7. Canada Study Visa From India
Author: Atul

8. New Zealand Study Visa From India: Your Pathway To World-class Education
Author: Atul

9. Advocate For Nri: Trusted Legal Support For Overseas Indians
Author: Advocate Sumathi

10. Can You Face Jail Time For Breaching An Avo In Nsw?
Author: Justice Family Lawyers

11. Fast Mofa Attestation In Dubai, Uae: Simplifying Your Document Verification
Author: Prime Global

12. How To Check Absconding Status In The Uae: A Complete Guide
Author: The Law Reporters

13. Australian Certificate Attestation In Abu Dhabi, Uae: A Complete Guide
Author: Prime Global

14. What To Look For In An Ri Dui Lawyer: Key Questions Before Hiring
Author: Law Office of John R. Grasso

15. How A South Jersey Construction Lawyer Can Save You Thousands
Author: Robert J. Incollingo

Login To Account
Login Email:
Password:
Forgot Password?
New User?
Sign Up Newsletter
Email Address: