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: 250Word Count: 382See All articles From Author

Add Comment

Legal Articles

1. Uk Sponsor Licence Guide For Employers (2025 Updated)
Author: The SmartMove2UK

2. Divorce In Singapore: What You Really Need To Know First
Author: Singapore Sole Parent

3. The Importance Of Communication Skills In The Best Criminal Lawyers
Author: glennrroderman

4. Hiring The Right Construction Lawyer Near You: What To Look For
Author: Robert J. Incollingo

5. Seeking Justice After A Dog Attack: Work With A Minnesota Dog Bite Accident Attorney
Author: sussmanlaw

6. How To Effectively Use Australian Immigration Consultancy Services In Hyderabad?
Author: Ankit Sharma

7. The Growing Importance Of Legal Recruitment In Today’s Competitive Market
Author: EMEA Legal

8. When Your Business Is Ready To Expand To The Uk, We Handle The Visas
Author: The SmartMove2UK

9. What Is Intellectual Property And Its Benefits?
Author: Alicia Reno

10. A Complete Guide To Eu Trademark Registration For Businesses Expanding Across Europe
Author: The Trademark Helpline

11. Bringing Your Loved Ones To The Uk: Your Guide To The Skilled Worker Dependant Visa
Author: Conroy Baker

12. How Long Does Llp Registration Take? Timeline Explained
Author: Jishan Khan

13. Starting A Business In Pune? 7 Essential Online Registrations You Shouldn’t Miss!
Author: Startupporta Business Services

14. Top Materials We Use In Our Best Custom Cnc Machining Parts
Author: YuYao QiDi Plastic Mold Factory

15. Why Every Business Needs A Corporate Lawyer In Dubai
Author: Dr. Hassan Elhais

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