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Bankruptcy Means Test--Teen lived with us for 9 months; will be moving out soon, can she be counted in household size?
Anonymous2 views2 answers
We will be filing bankruptcy in the next month or two. We had a teen live with us for the past nine months and did not contribute to household expenses. Can we count her in household size for the means test even if she will no longer be living with us at the time of filing or after filing bankruptcy?
Most courts interpret the means test in a way that requires a debtor to list the number of family members in the house AT THE TIME OF FILING.
Thus, if your teen child moves out of the house before you file, you technically cannot list the child.
I wrote a fairly detailed article about how to determine family size for the means test, which article was published in a bar association periodical. A link to that article is below. You will find it helpful.
Good luck!
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The general rule is "heads on beds" ... thus, if the teen is still living with you at the time you file then you should count her as part of the household for the means test.
If you have any questions please feel free to contact me. I offer free consultations.
Very best regards,
Errin P. Stowell, Esq.
Stowell Law Firm, LLC
St. Paul, MN
[email protected]
"We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code."
